[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
120 STAT. 2922
Public Law 109-432
109th Congress
An Act
To amend the Internal Revenue Code of 1986 to extend expiring
provisions, and for other purposes. NOTE: Dec. 20, 2006 - [H.R.
6111]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Tax Relief and Health Care
Act of 2006. 26 USC 1 note. assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Tax Relief and
Health Care Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
DIVISION A--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS,
AND OTHER TAX PROVISIONS
Sec. 100. Reference.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
Sec. 101. Deduction for qualified tuition and related expenses.
Sec. 102. Extension and modification of new markets tax credit.
Sec. 103. Election to deduct State and local general sales taxes.
Sec. 104. Extension and modification of research credit.
Sec. 105. Work opportunity tax credit and welfare-to-work credit.
Sec. 106. Election to include combat pay as earned income for purposes
of earned income credit.
Sec. 107. Extension and modification of qualified zone academy bonds.
Sec. 108. Above-the-line deduction for certain expenses of elementary
and secondary school teachers.
Sec. 109. Extension and expansion of expensing of brownfields
remediation costs.
Sec. 110. Tax incentives for investment in the District of Columbia.
Sec. 111. Indian employment tax credit.
Sec. 112. Accelerated depreciation for business property on Indian
reservations.
Sec. 113. Fifteen-year straight-line cost recovery for qualified
leasehold improvements and qualified restaurant property.
Sec. 114. Cover over of tax on distilled spirits.
Sec. 115. Parity in application of certain limits to mental health
benefits.
Sec. 116. Corporate donations of scientific property used for research
and of computer technology and equipment.
Sec. 117. Availability of medical savings accounts.
Sec. 118. Taxable income limit on percentage depletion for oil and
natural gas produced from marginal properties.
Sec. 119. American Samoa economic development credit.
Sec. 120. Extension of bonus depreciation for certain qualified Gulf
Opportunity Zone property.
Sec. 121. Authority for undercover operations.
Sec. 122. Disclosures of certain tax return information.
Sec. 123. Special rule for elections under expired provisions.
TITLE II--ENERGY TAX PROVISIONS
Sec. 201. Credit for electricity produced from certain renewable
resources.
Sec. 202. Credit to holders of clean renewable energy bonds.
Sec. 203. Performance standards for sulfur dioxide removal in advanced
coal-based generation technology units designed to use
subbituminous coal.
[[Page 2923]]
120 STAT. 2923
Sec. 204. Deduction for energy efficient commercial buildings.
Sec. 205. Credit for new energy efficient homes.
Sec. 206. Credit for residential energy efficient property.
Sec. 207. Energy credit.
Sec. 208. Special rule for qualified methanol or ethanol fuel.
Sec. 209. Special depreciation allowance for cellulosic biomass ethanol
plant property.
Sec. 210. Expenditures permitted from the Leaking Underground Storage
Tank Trust Fund.
Sec. 211. Treatment of coke and coke gas.
TITLE III--HEALTH SAVINGS ACCOUNTS
Sec. 301. Short title.
Sec. 302. FSA and HRA terminations to fund HSAs.
Sec. 303. Repeal of annual deductible limitation on HSA contributions.
Sec. 304. Modification of cost-of-living adjustment.
Sec. 305. Contribution limitation not reduced for part-year coverage.
Sec. 306. Exception to requirement for employers to make comparable
health savings account contributions.
Sec. 307. One-time distribution from individual retirement plans to fund
HSAs.
TITLE IV--OTHER PROVISIONS
Sec. 401. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 402. Credit for prior year minimum tax liability made refundable
after period of years.
Sec. 403. Returns required in connection with certain options.
Sec. 404. Partial expensing for advanced mine safety equipment.
Sec. 405. Mine rescue team training tax credit.
Sec. 406. Whistleblower reforms.
Sec. 407. Frivolous tax submissions.
Sec. 408. Addition of meningococcal and human papillomavirus vaccines to
list of taxable vaccines.
Sec. 409. Clarification of taxation of certain settlement funds made
permanent.
Sec. 410. Modification of active business definition under section 355
made permanent.
Sec. 411. Revision of State veterans limit made permanent.
Sec. 412. Capital gains treatment for certain self-created musical works
made permanent.
Sec. 413. Reduction in minimum vessel tonnage which qualifies for
tonnage tax made permanent.
Sec. 414. Modification of special arbitrage rule for certain funds made
permanent.
Sec. 415. Great Lakes domestic shipping to not disqualify vessel from
tonnage tax.
Sec. 416. Use of qualified mortgage bonds to finance residences for
veterans without regard to first-time homebuyer requirement.
Sec. 417. Exclusion of gain from sale of a principal residence by
certain employees of the intelligence community.
Sec. 418. Sale of property by judicial officers.
Sec. 419. Premiums for mortgage insurance.
Sec. 420. Modification of refunds for kerosene used in aviation.
Sec. 421. Regional income tax agencies treated as States for purposes of
confidentiality and disclosure requirements.
Sec. 422. Designation of wines by semi-generic names.
Sec. 423. Modification of railroad track maintenance credit.
Sec. 424. Modification of excise tax on unrelated business taxable
income of charitable remainder trusts.
Sec. 425. Loans to qualified continuing care facilities made permanent.
Sec. 426. Technical corrections.
DIVISION B--MEDICARE AND OTHER HEALTH PROVISIONS
Sec. 1. Short title of division.
TITLE I--MEDICARE IMPROVED QUALITY AND PROVIDER PAYMENTS
Sec. 101. Physician payment and quality improvement.
Sec. 102. Extension of floor on Medicare work geographic adjustment.
Sec. 103. Update to the composite rate component of the basic case-mix
adjusted prospective payment system for dialysis services.
Sec. 104. Extension of treatment of certain physician pathology services
under Medicare.
Sec. 105. Extension of Medicare reasonable costs payments for certain
clinical diagnostic laboratory tests furnished to hospital
patients in certain rural areas.
[[Page 2924]]
120 STAT. 2924
Sec. 106. Hospital Medicare reports and clarifications.
Sec. 107. Payment for brachytherapy.
Sec. 108. Payment process under the competitive acquisition program
(CAP).
Sec. 109. Quality reporting for hospital outpatient services and
ambulatory surgical center services.
Sec. 110. Reporting of anemia quality indicators for Medicare part B
cancer anti-anemia drugs.
Sec. 111. Clarification of hospice satellite designation.
TITLE II--MEDICARE BENEFICIARY PROTECTIONS
Sec. 201. Extension of exceptions process for Medicare therapy caps.
Sec. 202. Payment for administration of part D vaccines.
Sec. 203. OIG study of never events.
Sec. 204. Medicare medical home demonstration project.
Sec. 205. Medicare DRA technical corrections.
Sec. 206. Limited continuous open enrollment of original medicare fee-
for-service enrollees into Medicare Advantage non-
prescription drug plans.
TITLE III--MEDICARE PROGRAM INTEGRITY EFFORTS
Sec. 301. Offsetting adjustment in Medicare Advantage Stabilization
Fund.
Sec. 302. Extension and expansion of recovery audit contractor program
under the Medicare Integrity Program.
Sec. 303. Funding for the Health Care Fraud and Abuse Control Account.
Sec. 304. Implementation funding.
TITLE IV--MEDICAID AND OTHER HEALTH PROVISIONS
Sec. 401. Extension of Transitional Medical Assistance (TMA) and
abstinence education program.
Sec. 402. Grants for research on vaccine against Valley Fever.
Sec. 403. Change in threshold for Medicaid indirect hold harmless
provision of broad-based health care taxes.
Sec. 404. DSH allotments for fiscal year 2007 for Tennessee and Hawaii.
Sec. 405. Certain Medicaid DRA technical corrections.
DIVISION C--OTHER PROVISIONS
TITLE I--GULF OF MEXICO ENERGY SECURITY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Offshore oil and gas leasing in 181 Area and 181 south Area of
Gulf of Mexico.
Sec. 104. Moratorium on oil and gas leasing in certain areas of Gulf of
Mexico.
Sec. 105. Disposition of qualified outer Continental Shelf revenues from
181 Area, 181 south Area, and 2002-2007 planning areas of
Gulf of Mexico.
TITLE II--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF 2006
Sec. 200. Short title.
Subtitle A--Mining Control and Reclamation
Sec. 201. Abandoned Mine Reclamation Fund and purposes.
Sec. 202. Reclamation fee.
Sec. 203. Objectives of Fund.
Sec. 204. Reclamation of rural land.
Sec. 205. Liens.
Sec. 206. Certification.
Sec. 207. Remining incentives.
Sec. 208. Extension of limitation on application of prohibition on
issuance of permit.
Sec. 209. Tribal regulation of surface coal mining and reclamation
operations.
Subtitle B--Coal Industry Retiree Health Benefit Act
Sec. 211. Certain related persons and successors in interest relieved of
liability if premiums prepaid.
Sec. 212. Transfers to funds; premium relief.
Sec. 213. Other provisions.
TITLE III--WHITE PINE COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT
Sec. 301. Authorization of appropriations.
[[Page 2925]]
120 STAT. 2925
Sec. 302. Short title.
Sec. 303. Definitions.
Subtitle A--Land Disposal
Sec. 311. Conveyance of White Pine County, Nevada, land.
Sec. 312. Disposition of proceeds.
Subtitle B--Wilderness Areas
Sec. 321. Short title.
Sec. 322. Findings.
Sec. 323. Additions to National Wilderness Preservation System.
Sec. 324. Administration.
Sec. 325. Adjacent management.
Sec. 326. Military overflights.
Sec. 327. Native American cultural and religious uses.
Sec. 328. Release of wilderness study areas.
Sec. 329. Wildlife management.
Sec. 330. Wildfire, insect, and disease management.
Sec. 331. Climatological data collection.
Subtitle C--Transfers of Administrative Jurisdiction
Sec. 341. Transfer to the United States Fish and Wildlife Service.
Sec. 342. Transfer to the Bureau of Land Management.
Sec. 343. Transfer to the Forest Service.
Sec. 344. Availability of map and legal descriptions.
Subtitle D--Public Conveyances
Sec. 351. Conveyance to the State of Nevada.
Sec. 352. Conveyance to White Pine County, Nevada.
Subtitle E--Silver State Off-Highway Vehicle Trail
Sec. 355. Silver State off-highway vehicle trail.
Subtitle F--Transfer of Land to Be Held in Trust for the Ely Shoshone
Tribe.
Sec. 361. Transfer of land to be held in trust for the Ely Shoshone
Tribe.
Subtitle G--Eastern Nevada Landscape Restoration Project.
Sec. 371. Findings; purposes.
Sec. 372. Definitions.
Sec. 373. Restoration project.
Subtitle H--Amendments to the Southern Nevada Public Land Management Act
of 1998
Sec. 381. Findings.
Sec. 382. Availability of special account.
Subtitle I--Amendments to the Lincoln County Conservation, Recreation,
and Development Act of 2004
Sec. 391. Disposition of proceeds.
Subtitle J--All American Canal Projects
Sec. 395. All American Canal Lining Project.
Sec. 396. Regulated storage water facility.
Sec. 397. Application of law.
TITLE IV--OTHER PROVISIONS
Sec. 401. Tobacco personal use quantity exception to not apply to
delivery sales.
Sec. 402. Ethanol Tariff Schedule.
Sec. 403. Withdrawal of certain Federal land and interests in certain
Federal land from location, entry, and patent under the
mining laws and disposition under the mineral and geothermal
leasing laws.
Sec. 404. Continuing eligibility for certain students under District of
Columbia School Choice Program.
Sec. 405. Study on Establishing Uniform National Database on Elder
Abuse.
Sec. 406. Temporary duty reductions for certain cotton shirting fabric.
Sec. 407. Cotton Trust Fund.
[[Page 2926]]
120 STAT. 2926
Sec. 408. Tax court review of requests for equitable relief from joint
and several liability.
DIVISION D--TEMPORARILY MODIFY CERTAIN RATES OF DUTY AND MAKE OTHER
TECHNICAL AMENDMENTS TO THE TRADE LAWS, EXTEND CERTAIN TRADE PREFERENCE
PROGRAMS, AND OTHER PURPOSES
Sec. 1. Table of contents.
TITLE I--TARIFF PROVISIONS
Sec. 1001. Reference; expired provisions.
Subtitle A--New Duty Suspensions and Reductions
Chapter 1--New Duty Suspensions
Sec. 1111. Diethyl sulfate.
Sec. 1112. Sorafenib.
Sec. 1113. Prohexadione calcium.
Sec. 1114. Methyl methoxy acetate.
Sec. 1115. Methoxyacetic acid.
Sec. 1116. N-Methylpiperidine.
Sec. 1117. Quinclorac technical.
Sec. 1118. Pyridaben.
Sec. 1119. Certain rubber or plastic footwear.
Sec. 1120. Sodium ortho-phenylphenol.
Sec. 1121. Certain chemical.
Sec. 1122. Baypure CX.
Sec. 1123. Isoeicosane.
Sec. 1124. Isododecane.
Sec. 1125. Isohexadecane.
Sec. 1126. Aminoguanidine bicarbonate.
Sec. 1127. o-Chlorotoluene.
Sec. 1128. Bayderm bottom DLV-N.
Sec. 1129. 2,3-Dichloronitrobenzene.
Sec. 1130. 1-Methoxy-2-propanol.
Sec. 1131. Basic Red 1 dye.
Sec. 1132. Basic Red 1:1 dye.
Sec. 1133. Basic Violet 11 dye.
Sec. 1134. Basic Violet 11:1 dye.
Sec. 1135. N-Cyclohexylthiophthalimide.
Sec. 1136. 4,4'-Dithiodimorpholine.
Sec. 1137. Tetraethylthiuram disulfide.
Sec. 1138. Certain tetramethylthiuram disulfide.
Sec. 1139. Certain aerosol valves.
Sec. 1140. 4-Methyl-5-n-propoxy-2,4-dihydro-1,2,4-triazol-3-one.
Sec. 1141. Ethoxyquin.
Sec. 1142. Tricholorobenzene.
Sec. 1143. Benzoic acid, 3,4,5-trihydroxy-, propyl ester.
Sec. 1144. 2-Cyanopyridine.
Sec. 1145. Mixed xylidines.
Sec. 1146. Certain reception apparatus not containing a clock or clock
timer, incorporating only AM radio.
Sec. 1147. Pigment Yellow 219.
Sec. 1148. Pigment Blue 80.
Sec. 1149. 1-Oxa-3, 20-diazadispiro-[5.1.11.2] heneicosan-21-one
2,2,4,4-tetramethyl-,hydrochloride, reaction products with
epichloro-hydrin, hydrolyzed and polymerized.
Sec. 1150. Isobutyl parahydroxybenzoic acid and its sodium salt.
Sec. 1151. Phosphinic acid, diethyl-, aluminum salt.
Sec. 1152. Exolit OP 1312.
Sec. 1153. Sodium hypophosphite.
Sec. 1154. Cyanuric chloride.
Sec. 1155. Certain leather footwear for persons other than men or women.
Sec. 1156. Certain other work footwear.
Sec. 1157. Certain turn or turned footwear.
Sec. 1158. Certain work footwear with outer soles of leather.
Sec. 1159. Certain footwear with outer soles of rubber or plastics and
with open toes or heels.
Sec. 1160. Certain athletic footwear.
Sec. 1161. Certain work footwear.
Sec. 1162. Certain footwear.
Sec. 1163. 1-Naphthyl methylcarbamate.
[[Page 2927]]
120 STAT. 2927
Sec. 1164. Certain 16-inch variable speed scroll saw machines.
Sec. 1165. 3,4-Dimethoxybenzaldehyde.
Sec. 1166. 2-Aminothiophenol.
Sec. 1167. Solvent Red 227.
Sec. 1168. Mixtures of formaldehyde polymer and toluene.
Sec. 1169. 1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-
2,2,6,6-tetramethyl-4-piperidinamine and 2,4,6-trichloro-
1,3,5-triazine.
Sec. 1170. Mixture of barium carbonate, strontium carbonate, calcium
carbonate, methoxy-2-propananolacetate-1, for use as emitter
suspension cathode coating.
Sec. 1171. Resin cement.
Sec. 1172. Phosphor yox, yttrium oxide phosphor, activated by europium.
Sec. 1173. Phosphor-bag-barium magnesium aluminate phosphor.
Sec. 1174. Yttrium vanadate phosphor.
Sec. 1175. Phosphor scap strontium chloroapatite-europium.
Sec. 1176. Phosphor zinc silicate.
Sec. 1177. Strontium magnesium phosphate-tin doped.
Sec. 1178. Phosphor-yof flu pdr yox; yttrium oxide phosphor, activated
by europium.
Sec. 1179. Calcium chloride phosphate phosphor.
Sec. 1180. Ceramic frit powder.
Sec. 1181. Phosphor lite white and phosphor blue halo.
Sec. 1182. Phosphor-sca, strontium halophosphate doped with europium.
Sec. 1183. Phosphor-cool white small particle calcium halophosphate
phosphor activated by manganese and antimony.
Sec. 1184. Phosphor lap lanthanum phosphate phosphor, activated by
cerium and terbium.
Sec. 1185. Kashmir.
Sec. 1186. Certain articles of platinum.
Sec. 1187. Nickel alloy wire.
Sec. 1188. Titanium mononitride.
Sec. 1189. High accuracy, metal, marine sextants, used for navigating by
celestial bodies.
Sec. 1190. Electrically operated pencil sharpeners.
Sec. 1191. Valve assemblies (vacuum relief).
Sec. 1192. Seals, aerodynamic, fireproof.
Sec. 1193. Wing illumination lights.
Sec. 1194. Exterior emergency lights.
Sec. 1195. Magnesium peroxide.
Sec. 1196. Certain footwear other than for men.
Sec. 1197. Grass shears with rotating blade.
Sec. 1198. Cerium sulfide pigments.
Sec. 1199. Kresoxim methyl.
Sec. 1200. 4-piece or 5-piece fireplace tools of iron or steel.
Sec. 1201. RSD 1235.
Sec. 1202. MCPB acid and MCPB sodium salt.
Sec. 1203. Gibberellic acid.
Sec. 1204. Triphenyltin hydroxide.
Sec. 1205. Bromoxynil octonoate.
Sec. 1206. Methyl 3-(trifluoromethyl)benzoate.
Sec. 1207. 4-(Trifluoromethoxy)phenyl isocyanate.
Sec. 1208. 4-Methylbenzonitrile.
Sec. 1209. Diaminodecane.
Sec. 1210. Certain compounds of lanthanum phosphates.
Sec. 1211. Certain compounds of yttrium europium oxide coprecipitates.
Sec. 1212. Certain compounds of lanthanum, cerium, and terbium
phosphates.
Sec. 1213. Certain compounds of yttrium cerium phosphates.
Sec. 1214. Canned, boiled oysters, not smoked.
Sec. 1215. Boots.
Sec. 1216. Vinylidene chloride-methyl methacrylate-acrylonitrile
copolymer.
Sec. 1217. 1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized,
reduced hydrolyzed.
Sec. 1218. 1-Propene,1,1,2,3,3,3-hexafluoro-oxidized, polymerized.
Sec. 1219. 1-Propene, 1,1,2,3,3,3-hexafluoro-, telomer with
chlorotrifluoroethene, oxidized, reduced, ethyl ester,
hydrolyzed.
Sec. 1220. Infrared absorbing dye.
Sec. 1221. 1,1,2-2-Tetrafluoroethene, oxidized, polymerized.
Sec. 1222. Methoxycarbonyl-terminated perfluorinated polyoxymethylene-
polyoxyethylene.
Sec. 1223. Ethene, tetrafluoro, oxidized, polymerized, reduced,
decarboxylated.
Sec. 1224. Ethene, tetrafluoro, oxidized, polymerized reduced, methyl
esters, reduced, ethoxylated.
[[Page 2928]]
120 STAT. 2928
Sec. 1225. Oxiranemethanol, polymers with reduced methyl esters of
reduced polymerized oxidized tetrafluoroethylene.
Sec. 1226. Ethene, tetrafluoro, oxidized, polymerized reduced, methyl
esters, reduced.
Sec. 1227. Certain light-absorbing photo dyes.
Sec. 1228. Certain specialty monomers.
Sec. 1229. Suspension of duty on exoflex F BX7011.
Sec. 1230. Triphenyl phosphine.
Sec. 1231. Certain golf bag bodies.
Sec. 1232. Dichlorprop-p acid, dichlorprop-p dimethylamine salt, and
dichlorprop-p 2-ethylhexyl ester.
Sec. 1233. 2,4-db acid and 2,4-db dimethylamine salt.
Sec. 1234. Filament fiber tow of rayon.
Sec. 1235. Parts for use in the manufacture of certain high-performance
loudspeakers.
Sec. 1236. Certain plastic lamp-holder housings containing sockets.
Sec. 1237. Certain porcelain lamp-holder housings containing sockets.
Sec. 1238. Certain aluminum lamp-holder housings containing sockets.
Sec. 1239. Certain brass lamp-holder housings containing sockets.
Sec. 1240. Staple fibers of viscose rayon, not carded.
Sec. 1241. Staple fibers of rayon, carded, combed, or otherwise
processed.
Sec. 1242. Mini DVD camcorder with 680K pixel CCD.
Sec. 1243. Mini DVD camcorder with 20G HDD.
Sec. 1244. Metal halide lamp.
Sec. 1245. Hand-held electronic can openers.
Sec. 1246. Electric knives.
Sec. 1247. Toaster ovens with single-slot traditional toaster opening on
top of oven.
Sec. 1248. Ice shavers.
Sec. 1249. Dual-press sandwich makers with floating upper lid and lock.
Sec. 1250. Electric juice extractors greater than 300 watts but less
than 400 watts.
Sec. 1251. Electric juice extractors not less than 800 watts.
Sec. 1252. Open-top electric indoor grills.
Sec. 1253. Automatic drip coffeemakers other than those with clocks.
Sec. 1254. Automatic drip coffeemakers with electronic clocks.
Sec. 1255. Electric under-the-cabinet mounting can openers.
Sec. 1256. Dimethyl malonate.
Sec. 1257. Lightweight digital camera lenses.
Sec. 1258. Digital zoom camera lenses.
Sec. 1259. Color flat panel screen monitors.
Sec. 1260. Color monitors with a video display diagonal of 35.56 cm or
greater.
Sec. 1261. Color monitors.
Sec. 1262. Black and white monitors.
Sec. 1263. 6 V lead-acid storage batteries.
Sec. 1264. Zirconyl chloride.
Sec. 1265. Naphthol AS-CA.
Sec. 1266. Naphthol AS-KB.
Sec. 1267. Basic Violet 1.
Sec. 1268. Basic Blue 7.
Sec. 1269. 3-Amino-4-methylbenzamide.
Sec. 1270. Acetoacetyl-2,5-dimethoxy-4-chloroanilide.
Sec. 1271. Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester).
Sec. 1272. Synthetic indigo powder.
Sec. 1273. 1,3,5-Triazine-2,4-diamine, 6-[2-(2-methyl-1H-imidazol-1-
yl)ethyl]-.
Sec. 1274. 50/50 Mixture of 1,3,5-triazine-2,4,6(1H,3H,5H)-trione,
1,3,5-tris[(2r)-oxiranylmethyl]- and 1,3,5,-triazine-
2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2s)-oxiranylmethyl]-.
Sec. 1275. 9H-Thioxanthene-2-carboxaldehyde, 9-oxo-, 2-(o-acetyloxime).
Sec. 1276. 1H-Imidazole, 2-ethyl-4-methyl-.
Sec. 1277. 1H-Imidazole-4-methanol, 5-methyl-2-phenyl-.
Sec. 1278. 4-Cyclohexene-1,2-dicarboxylic acid, compd. With 1,3,5-
triazine-2,4,6-triamine (1:1).
Sec. 1279. 1,3,5,-Triazine-2,4-diamine, 6-[2-(2-undecyl-1H-imidazol-1-
yl)ethyl]-.
Sec. 1280. Certain footwear valued over $20 a pair with coated or
laminated textile fabrics.
Sec. 1281. Certain women's footwear with coated or laminated textile
fabrics.
Sec. 1282. Certain men's footwear with coated or laminated textile
fabrics.
Sec. 1283. Certain men's footwear valued over $20 a pair with coated or
laminated textile fabrics.
Sec. 1284. Certain women's footwear valued over $20 a pair with coated
or laminated textile fabrics.
Sec. 1285. Certain other footwear valued over $20 a pair with coated or
laminated textile fabrics.
[[Page 2929]]
120 STAT. 2929
Sec. 1286. Certain footwear with coated or laminated textile fabrics.
Sec. 1287. Certain other footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1288. Certain women's footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1289. Certain women's footwear not covering the ankle with coated
or laminated textile fabrics.
Sec. 1290. Felt-bottom boots for use in fishing waders.
Sec. 1291. Lug bottom boots for use in fishing waders.
Sec. 1292. Certain parts and accessories for measuring or checking
instruments.
Sec. 1293. Certain printed circuit assemblies.
Sec. 1294. Certain subassemblies for measuring equipment for
telecommunications.
Sec. 1295. Chloroneb.
Sec. 1296. p-Nitrobenzoic acid (PNBA).
Sec. 1297. Allyl pentaerythritol (APE).
Sec. 1298. Butyl ethyl propanediol (BEP).
Sec. 1299. BEPD70L.
Sec. 1300. Boltorn-1 (bolt-1).
Sec. 1301. Boltorn-2 (bolt-2).
Sec. 1302. Cyclic TMP formal (CTF).
Sec. 1303. DITMP.
Sec. 1304. Polyol DPP (DPP).
Sec. 1305. Hydroxypivalic acid (HPA).
Sec. 1306. TMPDE.
Sec. 1307. TMPME.
Sec. 1308. TMP oxetane (TMPO).
Sec. 1309. TMPO ethoxylate (TMPOE).
Sec. 1310. Amyl-anthraquinone.
Sec. 1311. T-butyl acrylate.
Sec. 1312. 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-
propenylamino)carbonyl]-, rel-(1R,6R)-, reaction products
with pentafluoroiodoethane-tetrafluoroethylene telomer,
ammonium salt.
Sec. 1313. Mixtures of phosphate ammonium salt derivatives of a
fluorochemical.
Sec. 1314. 1-(3H)-isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-
yl)-.
Sec. 1315. Mixture of poly[[6-[(1,1,3,3-tetramethylbutyl)amino]-1,3,5-
triazine-2,4-diyl] [2,2,6,6-tetramethyl-4-piperidinyl)imino]-
1,6-hexanediyl[(2,2,6,6-tetramethyl-4-piperidinyl)imino]])
and bis(2,2,6,6-tetramethyl-4-piperidyl) sebacate.
Sec. 1316. Certain bitumen-coated polyethylene sleeves specifically
designed to protect in-ground wood posts.
Sec. 1317. Nylon woolpacks used to package wool.
Sec. 1318. Magnesium zinc aluminum hydroxide carbonate hydrate.
Sec. 1319. C12-18 alkenes.
Sec. 1320. Acrypet UT100.
Sec. 1321. 5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(1R,S)-
(trifluoromethyl)-sulfinyl]-1H-pyrazole-3-carbonitrile
(Fipronil).
Sec. 1322. 2,3-Pyridinedicarboxylic acid.
Sec. 1323. Mixtures of 2-amino-2,3-dimethylbutylnitrile and toluene.
Sec. 1324. 2,3-Quinolinedicarboxylic acid.
Sec. 1325. 3,5-Difluoroaniline.
Sec. 1326. Clomazone.
Sec. 1327. Chloropivaloyl chloride.
Sec. 1328. N,N'-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4-
hydroxyphenylpropionamide)).
Sec. 1329. Reactive Red 268.
Sec. 1330. Reactive Red 270.
Sec. 1331. Certain glass thermo bulbs.
Sec. 1332. Pyriproxyfen.
Sec. 1333. Uniconazole-P.
Sec. 1334. Bispyribac-sodium.
Sec. 1335. Dinotefuran.
Sec. 1336. Etoxazole.
Sec. 1337. Bioallethrin.
Sec. 1338. S-Bioallethrin.
Sec. 1339. Tetramethrin.
Sec. 1340. Tralomethrin.
Sec. 1341. Flumiclorac-pentyl.
Sec. 1342. 1-Propene-2-methyl homopolymer.
Sec. 1343. Acronal-S-600.
Sec. 1344. Lucirin TPO.
Sec. 1345. Sokalan PG IME.
Sec. 1346. Lycopene 10 percent.
[[Page 2930]]
120 STAT. 2930
Sec. 1347. Mixtures of CAS Nos. 181274-15-7 and 208465-21-8.
Sec. 1348. 2-Methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)-1-
propanone.
Sec. 1349. 1,6-Hexanediamine, N,N- bis(2,2,6,6-tetramethyl-4-
piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine,
reaction products with n-butyl-1-butanamine and N-butyl-
2,2,6,6-tetramethyl-4- piperidinamine.
Sec. 1350. Vat Black 25.
Sec. 1351. Acid Orange 162.
Sec. 1352. Methyl salicylate.
Sec. 1353. 1,2-Octanediol.
Sec. 1354. Menthone glycerin acetal.
Sec. 1355. Pontamine Green 2b.
Sec. 1356. Bayderm bottom 10 UD.
Sec. 1357. Bayderm finish DLH.
Sec. 1358. Levagard DMPP.
Sec. 1359. Bayderm bottom DLV.
Sec. 1360. Certain ethylene-vinyl acetate copolymers.
Sec. 1361. Cyazofamid.
Sec. 1362. Flonicamid.
Sec. 1363. Zeta-cypermethrin.
Sec. 1364. 2-Ethylhexyl 4-methoxycinnamate.
Sec. 1365. Certain flame retardant plasticizers.
Sec. 1366. Baypure DS.
Sec. 1367. Bayowet C4.
Sec. 1368. Certain bicycle parts.
Sec. 1369. Other cycles.
Sec. 1370. Certain bicycle parts.
Sec. 1371. Certain bicycle parts.
Sec. 1372. (2-Chloroethyl)phosphonic acid (Ethephon).
Sec. 1373. Preparations containing, 2-(1-(((3-chloro-2-
propenyl)oxy)imino)propyl)-5-(2-(ethylthio)propyl)-3-hydroxy-
2-cyclohexene-1-one (Clethodim).
Sec. 1374. Urea, polymer with formaldehyde (pergopak).
Sec. 1375. Ortho nitroaniline.
Sec. 1376. 2,2 -(2,5-thiophenediyl)bis(5-(1,1-
dimethylethyl)benzoxazole).
Sec. 1377. Certain chemicals and chemical mixtures.
Sec. 1378. Acid Red 414.
Sec. 1379. Solvent Yellow 163.
Sec. 1380. 4-Amino-3,6-bis[[5-[[4-chloro-6-[methyl[2-(methylamino)-2-
oxoethyl]amino]-1,3,5-triazin-2-yl]amino]-2-sulfophenyl]azo]-
5-hydroxy-2,7-naphthalenedisulfonic acid, lithium potassium
sodium salt.
Sec. 1381. Reactive Red 123.
Sec. 1382. Reactive Blue 250.
Sec. 1383. Reactive Black 5.
Sec. 1384. 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-
hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-
pyridinecarbonitrile.
Sec. 1385. Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-
ylidene]-acetic acid, pentyl ester.
Sec. 1386. [(9,10-Dihydro-9,10-dioxo-1,4-anthracenediyl)bis[imino[3-(2-
methylpropyl)-3,1-propanediyl]]]bisbenzenesulfonic acid,
disodium salt.
Sec. 1387. [4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b']difuran-
3-yl)phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1388. 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b']difuran-2,6-
dione.
Sec. 1389. 2-[[[2, 5-Dichloro-4-[(2-methyl-1H-indol-3-
yl)azo]phenyl]sulfonyl]amino]-ethanesulfonic acid, monosodium
salt.
Sec. 1390. 2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[(3-
sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-
[[2-(sulfoxy)ethyl]sulfonyl]phenyl]azo]-, sodium salt.
Sec. 1391. 7-[[2-[(Aminocarbonyl)amino]-4-[[4-[4-[2-[[4-[[3-
[(aminocarbonyl) amino]-4-[(3,6,8-trisulfo-2-
naphthalenyl)azo]phenyl]amino]-6-chloro-1,3,5-triazin-2-
yl]amino]ethyl]- 1-piperazinyl]-6-chloro-1,3,5-triazin-2-
yl]amino]phenyl]azo]-1,3,6-naphthalenetrisulfonic acid,
lithium potassium sodium salt.
Sec. 1392. 4-[[3-(Acetylamino)phenyl]amino]-1-amino-9,10-dihydro-9,10-
dioxo-2-anthracenesulfonic acid, monosodium salt.
Sec. 1393. [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-
b ]difuran-3-yl]phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1394. Basic Yellow 40 chloride based.
Sec. 1395. Direct Yellow 119.
Sec. 1396. Naugard 412s.
Sec. 1397. Triacetonamine.
Sec. 1398. Ipconazole.
Sec. 1399. Omite tech.
Sec. 1400. Pantera technical.
[[Page 2931]]
120 STAT. 2931
Sec. 1401. p-Toluenesulfonyl chloride.
Sec. 1402. Preformed pellets of a mixture of sodium iodide, thallium
iodide, dysprosium tri-iodide, holmium tri-iodide, thulium
tri-iodide, and sometimes calcium iodide.
Sec. 1403. p-Aminobenzamide (4-aminobenzamide).
Sec. 1404. p-Chloroaniline.
Sec. 1405. 4-Chloro-2-nitroaniline.
Sec. 1406. o-Chloro-p-toluidine (3-chloro-4-methylaniline).
Sec. 1407. 2-Chloroacetoacetanilide.
Sec. 1408. p-Acetoacetanisidide.
Sec. 1409. 1-Hydroxy-2-naphthoic acid.
Sec. 1410. Pigment Green 7 crude, not ready for use as a pigment.
Sec. 1411. 1,8-Naphthalimide (1H-benz[de]isoquinoline-1,3(2H)-dione).
Sec. 1412. Diisopropyl succinate.
Sec. 1413. 2,4-Di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol.
Sec. 1414. Direct Black 22.
Sec. 1415. Methylene bis-benzotriazolyl tetramethylbutylphenol.
Sec. 1416. Bis-ethylhexyloxyphenol methoxyphenol triazine.
Sec. 1417. Reactive Orange 132.
Sec. 1418. Acid Black 244.
Sec. 1419. Certain cores used in remanufacture.
Sec. 1420. ADTP.
Sec. 1421. DCBTF.
Sec. 1422. Noviflumuron.
Sec. 1423. Parachlorobenzotrifluoride.
Sec. 1424. Mixtures of insecticide.
Sec. 1425. Mixture of fungicide.
Sec. 1426. 1,2-Benzisothiazol-3(2H)-one.
Sec. 1427. Styrene, ar-ethyl-, polymer with divinylbenzene and styrene
(6CI) beads with low ash.
Sec. 1428. Mixtures of fungicide.
Sec. 1429. 2-Methyl-4-chlorophenoxy-acetic acid, di-methylamine salt.
Sec. 1430. Charge control agent 7.
Sec. 1431. Pro-jet Black 820 liquid feed.
Sec. 1432. Pro-jet Magenta M700.
Sec. 1433. Pro-jet Fast Black 287 NA liquid feed.
Sec. 1434. Pro-jet Fast Black 286 stage.
Sec. 1435. Pro-jet Cyan 485 stage.
Sec. 1436. Pro-jet Black 661 liquid feed.
Sec. 1437. Pro-jet Black Cyan 854 liquid feed.
Sec. 1438. Erasers.
Sec. 1439. Artificial flowers.
Sec. 1440. Suspension system stabilizer bars.
Sec. 1441. Rattan webbing.
Sec. 1442. Tractor body parts.
Sec. 1443. AC electric motors of an output exceeding 74.6 W but not
exceeding 85 W.
Sec. 1444. AC electric motors of an output exceeding 74.6 W but not
exceeding 105 W.
Sec. 1445. AC electric motors of an output exceeding 74.6 W but not
exceeding 95 W.
Sec. 1446. Certain AC electric motors.
Sec. 1447. Viscose rayon yarn.
Sec. 1448. Certain twisted yarn of viscose rayon.
Sec. 1449. Allyl ureido monomer.
Sec. 1450. Synthetic elastic staple fiber.
Sec. 1451. Certain fiberglass sheets.
Sec. 1452. Halophosphor calcium diphosphate.
Sec. 1453. Certain rayon staple fibers.
Sec. 1454. Synthetic quartz or fused silica photomask substrates.
Sec. 1455. Certain integrated machines for manufacturing pneumatic
tires.
Sec. 1456. Tramway cars.
Sec. 1457. Certain artificial filament single yarn (other than
sewingthread).
Sec. 1458. Certain electrical transformers rated at 25VA.
Sec. 1459. Certain electrical transformers rated at 40VA.
Chapter 2--Reductions
Sec. 1461. Floor coverings and mats of vulcanized rubber.
Sec. 1462. Manicure and pedicure sets.
Sec. 1463. Nitrocellulose.
Sec. 1464. Sulfentrazone technical.
[[Page 2932]]
120 STAT. 2932
Sec. 1465. Clock radio combos.
Sec. 1466. Thiamethoxam technical.
Sec. 1467. Staple fibers of viscose rayon, not carded, combed, or
otherwise processed for spinning.
Sec. 1468. Certain men's footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1469. Certain footwear not covering the ankle with coated or
laminated textile fabrics.
Sec. 1470. Acrylic or modacrylic synthetic staple fibers, not carded,
combed, or otherwise processed for spinning.
Sec. 1471. Certain women's footwear.
Sec. 1472. Numerous other seals made of rubber or silicone, and covered
with, or reinforced with, a fabric material.
Sec. 1473. Tetrakis.
Sec. 1474. Glycine, N,N-bis[2-hydroxy-3-(2-propenyloxy)propyl]-,
monosodium salt, reaction products with ammonium hydroxide
and pentafluoroiodoethane-tetrafluoroethylene telomer.
Sec. 1475. Diethyl ketone.
Sec. 1476. Acephate.
Sec. 1477. Flumioxazin.
Sec. 1478. Garenoxacin mesylate.
Sec. 1479. Butylated hydroxyethylbenzene.
Sec. 1480. Certain automotive catalytic converter mats.
Sec. 1481. 3,3'-Dichlorobenzidine dihydrochloride.
Sec. 1482. TMC114.
Sec. 1483. Biaxially oriented polypropylene dielectric film.
Sec. 1484. Biaxially oriented polyethylene terephthalate dielectric
film.
Sec. 1485. Certain bicycle parts.
Sec. 1486. Certain bicycle parts.
Sec. 1487. Bifenthrin.
Sec. 1488. Reduced Vat 1.
Sec. 1489. 4-Chlorobenzonitrile.
Sec. 1490. Nail clippers and nail files.
Sec. 1491. Electric automatic shower cleaners.
Sec. 1492. Mesotrione technical.
Sec. 1493. Certain crank-gear and other bicycle parts.
Subtitle B--Existing Suspensions and Reductions
Sec. 1501. Extensions of existing suspensions and other modifications.
Subtitle C--Effective Date
Sec. 1511. Effective date.
TITLE II--RELIQUIDATIONS
Sec. 2001. Reliquidation of certain entries of certain small diameter
carbon and alloy seamless standard, line and pressure pipe
from Romania.
Sec. 2002. Certain entries of pasta.
Sec. 2003. Clarification of reliquidation provision.
Sec. 2004. Reliquidation of certain drawback claim.
Sec. 2005. Payment of interest on amounts owed pursuant to reliquidation
of certain entries.
TITLE III--TECHNICAL CORRECTIONS AND OTHER PROVISIONS
Subtitle A--Technical corrections
Sec. 3001. Amendments to the HTS.
Sec. 3002. Technical correction to the Tariff Act of 1930.
Sec. 3003. Amendments to the Pension Protection Act of 2006.
Sec. 3004. NMSBA.
Sec. 3005. Certain monochrome glass envelopes.
Sec. 3006. Flexible magnets and composite goods containing flexible
magnets.
Sec. 3007. Cellar treatment of wine.
Subtitle B--Other Provisions
Sec. 3011. Consideration of certain civil actions delayed because of the
terrorist attacks of September 11, 2001.
Sec. 3012. Effective date of modifications to the Harmonized Tariff
Schedule.
TITLE IV--EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS TREATMENT) TO THE PRODUCTS OF VIETNAM
Sec. 4001. Findings.
[[Page 2933]]
120 STAT. 2933
Sec. 4002. Termination of application of title IV of the Trade Act of
1974 to Vietnam.
Sec. 4003. Procedure for determining prohibited subsidies by Vietnam.
Sec. 4004. Consultations upon initiation of investigation.
Sec. 4005. Public participation and consultation.
Sec. 4006. Arbitration and imposition of quotas.
Sec. 4007. Definitions.
TITLE V--HAITI
Sec. 5001. Short title.
Sec. 5002. Trade benefits for Haiti.
Sec. 5003. ITC study.
Sec. 5004. Sense of Congress on interpretation of textile and apparel
provisions for Haiti.
Sec. 5005. Technical amendments.
Sec. 5006. Effective date.
TITLE VI--AFRICAN GROWTH AND OPPORTUNITY ACT
Sec. 6001. Short title.
Sec. 6002. Preferential treatment of apparel products of lesser
developed countries.
Sec. 6003. Technical corrections.
Sec. 6004. Effective date for AGOA.
TITLE VII--ANDEAN TRADE PREFERENCE ACT
Sec. 7001. Short title.
Sec. 7002. ATPA extension.
Sec. 7003. Technical amendments.
TITLE VIII--GENERALIZED SYSTEM OF PREFERENCES (GSP) PROGRAM
Sec. 8001. Limitations on waivers of competitive need limitation.
Sec. 8002. Extension of GSP program.
DIVISION A--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS,
AND OTHER TAX PROVISIONS
SEC. 100. REFERENCE.
Except as otherwise expressly provided, whenever in this division an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
SEC. 101. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) NOTE: 26 USC 222. is amended by
striking ``2005'' and inserting ``2007''.
(b) Conforming Amendments.--Section 222(b)(2)(B) is amended--
(1) by striking ``a taxable year beginning in 2004 or 2005''
and inserting ``any taxable year beginning after 2003'', and
(2) by striking ``2004 and 2005'' in the heading and
inserting ``After 2003''.
(c) NOTE: 26 USC 222 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2005.
[[Page 2934]]
120 STAT. 2934
SEC. 102. EXTENSION AND MODIFICATION OF NEW MARKETS TAX CREDIT.
(a) Extension.--Section 45D(f)(1)(D) NOTE: 26 USC 45D. is
amended by striking ``and 2007'' and inserting ``, 2007, and 2008''.
(b) Regulations Regarding Non-Metropolitan Counties.--Section 45D(i)
is amended by striking ``and'' at the end of paragraph (4), by striking
the period at the end of paragraph (5) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(6) which ensure that non-metropolitan counties receive a
proportional allocation of qualified equity investments.''.
(c) NOTE: 26 USC 45D note. Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act.
SEC. 103. ELECTION TO DEDUCT STATE AND LOCAL GENERAL SALES TAXES.
(a) In General.--Section 164(b)(5)(I) is amended by striking
``2006'' and inserting ``2008''.
(b) NOTE: 26 USC 164 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2005.
SEC. 104. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Extension.--
(1) In general.--Section 41(h)(1)(B) is amended by striking
``2005'' and inserting ``2007''.
(2) Conforming amendment.--Section 45C(b)(1)(D) is amended
by striking ``2005'' and inserting ``2007''.
(3) NOTE: 26 USC 41 note. Effective date.--The
amendments made by this subsection shall apply to amounts paid
or incurred after December 31, 2005.
(b) Increase in Rates of Alternative Incremental Credit.--
(1) In general.--Subparagraph (A) of section 41(c)(4)
(relating to election of alternative incremental credit) is
amended--
(A) by striking ``2.65 percent'' and inserting ``3
percent'',
(B) by striking ``3.2 percent'' and inserting ``4
percent'', and
(C) by striking ``3.75 percent'' and inserting ``5
percent''.
(2) NOTE: 26 USC 41 note. Effective date.--Except as
provided in paragraph (3), the amendments made by this
subsection shall apply to taxable years ending after December
31, 2006.
(3) NOTE: 26 USC 41 note. Transition rule.--
(A) In general.--In the case of a specified
transitional taxable year for which an election under
section 41(c)(4) of the Internal Revenue Code of 1986
applies, the credit determined under section 41(a)(1) of
such Code shall be equal to the sum of--
(i) the applicable 2006 percentage multiplied
by the amount determined under section 41(c)(4)(A)
of such Code (as in effect for taxable years
ending on December 31, 2006), plus
(ii) the applicable 2007 percentage multiplied
by the amount determined under section 41(c)(4)(A)
of such Code (as in effect for taxable years
ending on January 1, 2007).
(B) Definitions.--For purposes of subparagraph (A)--
[[Page 2935]]
120 STAT. 2935
(i) Specified transitional taxable year.--The
term ``specified transitional taxable year'' means
any taxable year which ends after December 31,
2006, and which includes such date.
(ii) Applicable 2006 percentage.--The term
``applicable 2006 percentage'' means the number of
days in the specified transitional taxable year
before January 1, 2007, divided by the number of
days in such taxable year.
(iii) Applicable 2007 percentage.--The term
``applicable 2007 percentage'' means the number of
days in the specified transitional taxable year
after December 31, 2006, divided by the number of
days in such taxable year.
(c) Alternative Simplified Credit for Qualified Research Expenses.--
(1) In general.--Subsection (c) of section 41 NOTE: 26 USC
41. (relating to base amount) is amended by redesignating
paragraphs (5) and (6) as paragraphs (6) and (7), respectively,
and by inserting after paragraph (4) the following new
paragraph:
``(5) Election of alternative simplified credit.--
``(A) In general.--At the election of the taxpayer,
the credit determined under subsection (a)(1) shall be
equal to 12 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of
the average qualified research expenses for the 3
taxable years preceding the taxable year for which the
credit is being determined.
``(B) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(i) Taxpayers to which subparagraph
applies.--The credit under this paragraph shall be
determined under this subparagraph if the taxpayer
has no qualified research expenses in any one of
the 3 taxable years preceding the taxable year for
which the credit is being determined.
``(ii) Credit rate.--The credit determined
under this subparagraph shall be equal to 6
percent of the qualified research expenses for the
taxable year.
``(C) NOTE: Applicability. Election.--An
election under this paragraph shall apply to the taxable
year for which made and all succeeding taxable years
unless revoked with the consent of the Secretary. An
election under this paragraph may not be made for any
taxable year to which an election under paragraph (4)
applies.''.
(2) NOTE: 26 USC 41 note. Transition rule for deemed
revocation of election of alternative incremental credit.--In
the case of an election under section 41(c)(4) of the Internal
Revenue Code of 1986 which applies to the taxable year which
includes January 1, 2007, such election shall be treated as
revoked with the consent of the Secretary of the Treasury if the
taxpayer makes an election under section 41(c)(5) of such Code
(as added by this subsection) for such year.
(3) NOTE: 26 USC 41 note. Effective date.--Except as
provided in paragraph (4), the amendments made by this
subsection shall apply to taxable years ending after December
31, 2006.
(4) NOTE: 26 USC 41 note. Transition rule for
noncalendar taxable years.--
[[Page 2936]]
120 STAT. 2936
(A) In general.--In the case of a specified
transitional taxable year for which an election under
section 41(c)(5) of the Internal Revenue Code of 1986
(as added by this subsection) applies, the credit
determined under section 41(a)(1) of such Code shall be
equal to the sum of--
(i) the applicable 2006 percentage multiplied
by the amount determined under section 41(a)(1) of
such Code (as in effect for taxable years ending
on December 31, 2006), plus
(ii) the applicable 2007 percentage multiplied
by the amount determined under section 41(c)(5) of
such Code (as in effect for taxable years ending
on January 1, 2007).
(B) Definitions and special rules.--For purposes of
subparagraph (A)--
(i) Definitions.--Terms used in this paragraph
which are also used in subsection (b)(3) shall
have the respective meanings given such terms in
such subsection.
(ii) Dual elections permitted.--Elections
under paragraphs (4) and (5) of section 41(c) of
such Code may both apply for the specified
transitional taxable year.
(iii) Deferral of deemed election
revocation.--Any election under section 41(c)(4)
of the Internal Revenue Code of 1986 treated as
revoked under paragraph (2) shall be treated as
revoked for the taxable year after the specified
transitional taxable year.
SEC. 105. WORK OPPORTUNITY TAX CREDIT AND WELFARE-TO-WORK CREDIT.
(a) In General.--Sections 51(c)(4)(B) and 51A(f) NOTE: 26 USC 51,
51A. are each amended by striking ``2005'' and inserting ``2007''.
(b) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) is amended by adding ``and'' at
the end of subparagraph (A), by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and by striking all that
follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) is amended by striking
``25'' and inserting ``40''.
(d) Extension of Paperwork Filing Deadline.--Section
51(d)(12)(A)(ii)(II) is amended by striking ``21st day'' and inserting
``28th day''.
(e) Consolidation of Work Opportunity Credit With Welfare-to-Work
Credit.--
(1) In general.--Paragraph (1) of section 51(d) is amended
by striking ``or'' at the end of subparagraph (G), by striking
the period at the end of subparagraph (H) and inserting ``,
or'', and by adding at the end the following new subparagraph:
``(I) a long-term family assistance recipient.''.
(2) Long-term family assistance recipient.--Subsection (d)
of section 51 is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and
by inserting after paragraph (9) the following new paragraph:
[[Page 2937]]
120 STAT. 2937
``(10) Long-term family assistance recipient.--The term
`long-term family assistance recipient' means any individual who
is certified by the designated local agency--
``(A) as being a member of a family receiving
assistance under a IV-A program (as defined in paragraph
(2)(B)) for at least the 18-month period ending on the
hiring date,
``(B)(i) as being a member of a family receiving
such assistance for 18 months beginning after August 5,
1997, and
``(ii) as having a hiring date which is not more
than 2 years after the end of the earliest such 18-month
period, or
``(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any
limitation imposed by Federal or State law on the
maximum period such assistance is payable to a family,
and
``(ii) as having a hiring date which is not more
than 2 years after the date of such cessation.''.
(3) Increased credit for employment of long-term family
assistance recipients.--Section 51 is amended by inserting after
subsection (d) the following new subsection:
``(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
``(1) In general.--With respect to the employment of a long-
term family assistance recipient--
``(A) the amount of the work opportunity credit
determined under this section for the taxable year shall
include 50 percent of the qualified second-year wages
for such year, and
``(B) in lieu of applying subsection (b)(3), the
amount of the qualified first-year wages, and the amount
of qualified second-year wages, which may be taken into
account with respect to such a recipient shall not
exceed $10,000 per year.
``(2) Qualified second-year wages.--For purposes of this
subsection, the term `qualified second-year wages' means
qualified wages--
``(A) which are paid to a long-term family
assistance recipient, and
``(B) which are attributable to service rendered
during the 1-year period beginning on the day after the
last day of the 1-year period with respect to such
recipient determined under subsection (b)(2).
``(3) NOTE: Applicability. Special rules for
agricultural and railway labor.--If such recipient is an
employee to whom subparagraph (A) or (B) of subsection (h)(1)
applies, rules similar to the rules of such subparagraphs shall
apply except that--
``(A) such subparagraph (A) shall be applied by
substituting `$10,000' for `$6,000', and
``(B) such subparagraph (B) shall be applied by
substituting `$833.33' for `$500'.''.
(4) Repeal of separate welfare-to-work credit.--
(A) In general.--Section 51A is hereby repealed.
(B) Clerical amendment.--The table of sections for
subpart F of part IV of subchapter A of chapter 1 is
amended by striking the item relating to section 51A.
[[Page 2938]]
120 STAT. 2938
(f) NOTE: 26 USC 51 note. Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to individuals who
begin work for the employer after December 31, 2005.
(2) Consolidation.--The amendments made by subsections (b),
(c), (d), and (e) shall apply to individuals who begin work for
the employer after December 31, 2006.
SEC. 106. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES
OF EARNED INCOME CREDIT.
(a) In General.--Section 32(c)(2)(B)(vi)(II) NOTE: 26 USC 32. is
amended by striking ``2007'' and inserting ``2008''.
(b) NOTE: 26 USC 32 note. Effective Date.--The amendment made by
this section shall apply to taxable years beginning after December 31,
2006.
SEC. 107. EXTENSION AND MODIFICATION OF QUALIFIED ZONE ACADEMY BONDS.
(a) In General.--Paragraph (1) of section 1397E(e) is amended by
striking ``and 2005'' and inserting ``2005, 2006, and 2007''.
(b) Special Rules Relating to Expenditures, Arbitrage, and
Reporting.--
(1) In general.--Section 1397E is amended--
(A) in subsection (d)(1), by striking ``and'' at the
end of subparagraph (C)(iii), by striking the period at
the end of subparagraph (D) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(E) the issue meets the requirements of
subsections (f), (g), and (h).'', and
(B) by redesignating subsections (f), (g), (h), and
(i) as subsections (i), (j), (k), and (l), respectively,
and by inserting after subsection (e) the following new
subsections:
``(f) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the
sale of the issue are to be spent for 1 or more
qualified purposes with respect to qualified zone
academies within the 5-year period beginning on the date
of issuance of the qualified zone academy bond,
``(B) a binding commitment with a third party to
spend at least 10 percent of the proceeds from the sale
of the issue will be incurred within the 6-month period
beginning on the date of issuance of the qualified zone
academy bond, and
``(C) such purposes will be completed with due
diligence and the proceeds from the sale of the issue
will be spent with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the issuer
establishes that the failure to satisfy the 5-year requirement
is due to reasonable cause and the related purposes will
continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of the
proceeds of such issue are expended by the close of the 5-year
period beginning on the date of issuance (or if
[[Page 2939]]
120 STAT. 2939
an extension has been obtained under paragraph (2), by the close
of the extended period), the issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(g) Special Rules Relating to Arbitrage.--An issue shall be
treated as meeting the requirements of this subsection if the issuer
satisfies the arbitrage requirements of section 148 with respect to
proceeds of the issue.
``(h) Reporting.--Issuers of qualified academy zone bonds shall
submit reports similar to the reports required under section 149(e).''.
(2) Conforming amendments.--Sections 54(l)(3)(B) and
1400N(l)(7)(B)(ii) NOTE: 26 USC 54, 1400N. are each amended
by striking ``section 1397E(i)'' and inserting ``section
1397E(l)''.
(c) NOTE: 26 USC 1397E note. Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 2005.
(2) Special rules.--The amendments made by subsection (b)
shall apply to obligations issued after the date of the
enactment of this Act pursuant to allocations of the national
zone academy bond limitation for calendar years after 2005.
SEC. 108. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY
AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2) is amended by
striking ``or 2005'' and inserting ``2005, 2006, or 2007''.
(b) NOTE: 26 USC 62 note. Effective Date.--The amendment made by
this section shall apply to taxable years beginning after December 31,
2005.
SEC. 109. EXTENSION AND EXPANSION OF EXPENSING OF BROWNFIELDS
REMEDIATION COSTS.
(a) Extension.--Subsection (h) of section 198 is amended by striking
``2005'' and inserting ``2007''.
(b) Expansion.--Section 198(d)(1) (defining hazardous substance) is
amended by striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(C) any petroleum product (as defined in section
4612(a)(3)).''.
(c) NOTE: 26 USC 198 note. Effective Date.--The amendments made
by this section shall apply to expenditures paid or incurred after
December 31, 2005.
SEC. 110. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA.
(a) Designation of Zone.--
(1) In general.--Subsection (f) of section 1400 is amended
by striking ``2005'' both places it appears and inserting
``2007''.
(2) NOTE: 26 USC 1400 note. Effective date.--The
amendments made by this subsection shall apply to periods
beginning after December 31, 2005.
(b) Tax-Exempt Economic Development Bonds.--
(1) In general.--Subsection (b) of section 1400A is amended
by striking ``2005'' and inserting ``2007''.
(2) NOTE: 26 USC 1400A note. Effective date.--The
amendment made by this subsection shall apply to bonds issued
after December 31, 2005.
[[Page 2940]]
120 STAT. 2940
(c) Zero Percent Capital Gains Rate.--
(1) In general.--Subsection (b) of section NOTE: 26 USC
1400B. 1400B is amended by striking ``2006'' each place it
appears and inserting ``2008''.
(2) Conforming amendments.--
(A) Section 1400B(e)(2) is amended--
(i) by striking ``2010'' and inserting
``2012'', and
(ii) by striking ``2010'' in the heading
thereof and inserting ``2012''.
(B) Section 1400B(g)(2) is amended by striking
``2010'' and inserting ``2012''.
(C) Section 1400F(d) is amended by striking ``2010''
and inserting ``2012''.
(3) NOTE: 26 USC 1400B note. Effective dates.--
(A) Extension.--The amendments made by paragraph (1)
shall apply to acquisitions after December 31, 2005.
(B) Conforming amendments.--The amendments made by
paragraph (2) shall take effect on the date of the
enactment of this Act.
(d) First-Time Homebuyer Credit.--
(1) In general.--Subsection (i) of section 1400C is amended
by striking ``2006'' and inserting ``2008''.
(2) NOTE: 26 USC 1400C note. Effective date.--The
amendment made by this subsection shall apply to property
purchased after December 31, 2005.
SEC. 111. INDIAN EMPLOYMENT TAX CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``2005'' and
inserting ``2007''.
(b) NOTE: 26 USC 45A note. Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2005.
SEC. 112. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
RESERVATIONS.
(a) In General.--Section 168(j)(8) is amended by striking ``2005''
and inserting ``2007''.
(b) NOTE: 26 USC 168 note. Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2005.
SEC. 113. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED
LEASEHOLD IMPROVEMENTS AND QUALIFIED RESTAURANT PROPERTY.
(a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) are
each amended by striking ``2006'' and inserting ``2008''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to property placed in service after December 31, 2005.
SEC. 114. COVER OVER OF TAX ON DISTILLED SPIRITS.
(a) In General.--Section 7652(f)(1) is amended by striking ``2006''
and inserting ``2008''.
(b) NOTE: 26 USC 7652 note. Effective Date.--The amendment made
by subsection (a) shall apply to articles brought into the United States
after December 31, 2005.
[[Page 2941]]
120 STAT. 2941
SEC. 115. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS.
(a) Amendment to the Internal Revenue Code of 1986.--Section
9812(f)(3) NOTE: 26 USC 9812. is amended by striking ``2006'' and
inserting ``2007''.
(b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 712(f) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1185a(f)) is amended by striking ``2006'' and inserting
``2007''.
(c) Amendment to the Public Health Service Act.--Section 2705(f) of
the Public Health Service Act (42 U.S.C. 300gg-5(f)) is amended by
striking ``2006'' and inserting ``2007''.
SEC. 116. CORPORATE DONATIONS OF SCIENTIFIC PROPERTY USED FOR RESEARCH
AND OF COMPUTER TECHNOLOGY AND EQUIPMENT.
(a) Extension of Computer Technology and Equipment Donation.--
(1) In general.--Section 170(e)(6)(G) is amended by striking
``2005'' and inserting ``2007''.
(2) NOTE: 26 USC 170 note. Effective date.--The
amendment made by paragraph (1) shall apply to contributions
made in taxable years beginning after December 31, 2005.
(b) Expansion of Charitable Contribution Allowed for Scientific
Property Used for Research and for Computer Technology and Equipment
Used for Educational Purposes.--
(1) Scientific property used for research.--
(A) In general.--Clause (ii) of section 170(e)(4)(B)
(defining qualified research contributions) is amended
by inserting ``or assembled'' after ``constructed''.
(B) Conforming amendment.--Clause (iii) of section
170(e)(4)(B) is amended by inserting ``or assembly''
after ``construction''.
(2) Computer technology and equipment for educational
purposes.--
(A) In general.--Clause (ii) of section 170(e)(6)(B)
is amended by inserting ``or assembled'' after
``constructed'' and ``or assembling'' after
``construction''.
(B) Conforming amendment.--Subparagraph (D) of
section 170(e)(6) is amended by inserting ``or
assembled'' after ``constructed'' and ``or assembly''
after ``construction''.
(3) NOTE: 26 USC 170 note. Effective date.--The
amendments made by this subsection shall apply to taxable years
beginning after December 31, 2005.
SEC. 117. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.
(a) In General.--Paragraphs (2) and (3)(B) of section 220(i) are
each amended by striking ``2005'' each place it appears in the text and
headings and inserting ``2007''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 220(j) is amended--
(A) in the text by striking ``or 2004'' each place
it appears and inserting ``2004, 2005, or 2006'', and
(B) in the heading by striking ``or 2004'' and
inserting ``2004, 2005, or 2006''.
(2) Subparagraph (A) of section 220(j)(4) is amended by
striking ``and 2004'' and inserting ``2004, 2005, and 2006''.
[[Page 2942]]
120 STAT. 2942
(c) NOTE: 26 USC 220 note. Time for Filing Reports, etc.--
(1) The report required by section 220(j)(4) of the Internal
Revenue Code of 1986 to be made on August 1, 2005, or August 1,
2006, as the case may be, shall be treated as timely if made
before the close of the 90-day period beginning on the date of
the enactment of this Act.
(2) The determination and publication required by section
220(j)(5) of such Code with respect to calendar year 2005 or
calendar year 2006, as the case may be, shall be treated as
timely if made before the close of the 120-day period beginning
on the date of the enactment of this Act. If the determination
under the preceding sentence is that 2005 or 2006 is a cut-off
year under section 220(i) of such Code, the cut-off date under
such section 220(i) shall be the last day of such 120-day
period.
SEC. 118. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND
NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES.
(a) In General.--Section 613A(c)(6)(H) NOTE: 26 USC 613A. is
amended by striking ``2006'' and inserting ``2008''.
(b) NOTE: 26 USC 613A note. Effective Date.--The amendment made
by subsection (a) shall apply to taxable years beginning after December
31, 2005.
SEC. 119. NOTE: 26 USC 30A note. AMERICAN SAMOA ECONOMIC DEVELOPMENT
CREDIT.
(a) NOTE: Corporations. In General.--For purposes of section 30A
of the Internal Revenue Code of 1986, a domestic corporation shall be
treated as a qualified domestic corporation to which such section
applies if such corporation--
(1) is an existing credit claimant with respect to American
Samoa, and
(2) elected the application of section 936 of the Internal
Revenue Code of 1986 for its last taxable year beginning before
January 1, 2006.
(b) Special Rules for Application of Section.--The following rules
shall apply in applying section 30A of the Internal Revenue Code of 1986
for purposes of this section:
(1) Amount of credit.--Notwithstanding section 30A(a)(1) of
such Code, the amount of the credit determined under section
30A(a)(1) of such Code for any taxable year shall be the amount
determined under section 30A(d) of such Code, except that
section 30A(d) shall be applied without regard to paragraph (3)
thereof.
(2) Separate application.--In applying section 30A(a)(3) of
such Code in the case of a corporation treated as a qualified
domestic corporation by reason of this section, section 30A of
such Code (and so much of section 936 of such Code as relates to
such section 30A) shall be applied separately with respect to
American Samoa.
(3) Foreign tax credit allowed.--Notwithstanding section
30A(e) of such Code, the provisions of section 936(c) of such
Code shall not apply with respect to the credit allowed by
reason of this section.
(c) Definitions.--For purposes of this section, any term which is
used in this section which is also used in section 30A or 936 of such
Code shall have the same meaning given such term by such section 30A or
936.
[[Page 2943]]
120 STAT. 2943
(d) Application of Section.--Notwithstanding section 30A(h) or
section 936(j) of such Code, this section (and so much of section 30A
and section 936 of such Code as relates to this section) shall apply to
the first two taxable years of a corporation to which subsection (a)
applies which begin after December 31, 2005, and before January 1, 2008.
SEC. 120. EXTENSION OF BONUS DEPRECIATION FOR CERTAIN QUALIFIED GULF
OPPORTUNITY ZONE PROPERTY.
(a) In General.--Subsection (d) of section 1400N NOTE: 26 USC
1400N. is amended by adding at the end the following new paragraph:
``(6) Extension for certain property.--
``(A) In general.--In the case of any specified Gulf
Opportunity Zone extension property, paragraph (2)(A)
shall be applied without regard to clause (v) thereof.
``(B) Specified gulf opportunity zone extension
property.--For purposes of this paragraph, the term
`specified Gulf Opportunity Zone extension property'
means property--
``(i) substantially all of the use of which is
in one or more specified portions of the GO Zone,
and
``(ii) which is--
``(I) nonresidential real property
or residential rental property which is
placed in service by the taxpayer on or
before December 31, 2010, or
``(II) in the case of a taxpayer who
places a building described in subclause
(I) in service on or before December 31,
2010, property described in section
168(k)(2)(A)(i) if substantially all of
the use of such property is in such
building and such property is placed in
service by the taxpayer not later than
90 days after such building is placed in
service.
``(C) Specified portions of the go zone.--For
purposes of this paragraph, the term `specified portions
of the GO Zone' means those portions of the GO Zone
which are in any county or parish which is identified by
the Secretary as being a county or parish in which
hurricanes occurring during 2005 damaged (in the
aggregate) more than 60 percent of the housing units in
such county or parish which were occupied (determined
according to the 2000 Census).
``(D) Only pre-january 1, 2010, basis of real
property eligible for additional allowance.--In the case
of property which is qualified Gulf Opportunity Zone
property solely by reason of subparagraph (B)(ii)(I),
paragraph (1) shall apply only to the extent of the
adjusted basis thereof attributable to manufacture,
construction, or production before January 1, 2010.''.
(b) Extension Not Applicable to Increased Section 179 Expensing.--
Paragraph (2) of section 1400N(e) is amended by inserting ``without
regard to subsection (d)(6)'' after ``subsection (d)(2)''.
(c) NOTE: 26 USC 1400N note. Effective Date.--The amendments
made by this section shall take effect as if included in section 101 of
the Gulf Opportunity Zone Act of 2005.
[[Page 2944]]
120 STAT. 2944
SEC. 121. AUTHORITY FOR UNDERCOVER OPERATIONS.
Paragraph (6) of section 7608(c) NOTE: 26 USC 7608. (relating to
application of section) is amended by striking ``2007'' both places it
appears and inserting ``2008''.
SEC. 122. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.
(a) Disclosures to Facilitate Combined Employment Tax Reporting.--
(1) In general.--Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ``2006'' and
inserting ``2007''.
(2) NOTE: 26 USC 6103 note. Effective date.--The
amendment made by paragraph (1) shall apply to disclosures after
December 31, 2006.
(b) Disclosures Relating to Terrorist Activities.--
(1) In general.--Clause (iv) of section 6103(i)(3)(C) and
subparagraph (E) of section 6103(i)(7) are each amended by
striking ``2006'' and inserting ``2007''.
(2) NOTE: 26 USC 6103 note. Effective date.--The
amendments made by paragraph (1) shall apply to disclosures
after December 31, 2006.
(c) Disclosures Relating to Student Loans.--
(1) In general.--Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ``2006'' and
inserting ``2007''.
(2) NOTE: 26 USC 6103 note. Effective date.--The
amendment made by paragraph (1) shall apply to requests made
after December 31, 2006.
SEC. 123. NOTE: 26 USC 41 note. SPECIAL RULE FOR ELECTIONS UNDER
EXPIRED PROVISIONS.
(a) NOTE: Deadline. Research Credit Elections.--In the case of
any taxable year ending after December 31, 2005, and before the date of
the enactment of this Act, any election under section 41(c)(4) or
section 280C(c)(3)(C) of the Internal Revenue Code of 1986 shall be
treated as having been timely made for such taxable year if such
election is made not later than the later of April 15, 2007, or such
time as the Secretary of the Treasury, or his designee, may specify.
Such election shall be made in the manner prescribed by such Secretary
or designee.
(b) Other Elections.--Except as otherwise provided by such Secretary
or designee, a rule similar to the rule of subsection (a) shall apply
with respect to elections under any other expired provision of the
Internal Revenue Code of 1986 the applicability of which is extended by
reason of the amendments made by this title.
TITLE II--ENERGY TAX PROVISIONS
SEC. 201. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
Subsection (d) of section 45 is amended by striking ``January 1,
2008'' each place it appears and inserting ``January 1, 2009''.
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Section 54 is amended--
(1) by striking ``$800,000,000'' in subsection (f)(1) and
inserting ``$1,200,000,000'',
[[Page 2945]]
120 STAT. 2945
(2) by striking ``$500,000,000'' in subsection (f)(2) and
inserting ``$750,000,000'', and
(3) by striking ``December 31, 2007'' in subsection (m) and
inserting ``December 31, 2008''.
(b) NOTE: 26 USC 54 note. Effective Dates.--
(1) In general.--The amendments made by paragraphs (1) and
(3) of subsection (a) shall apply to bonds issued after December
31, 2006.
(2) Allocations.--The amendment made by subsection (a)(2)
shall apply to allocations or reallocations after December 31,
2006.
SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED
COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE
SUBBITUMINOUS COAL.
(a) In General.--Paragraph (1) of section 48A(f) NOTE: 26 USC
48A. (relating to advanced coal-based generation technology) is
amended by adding at the end the following new flush sentence:
``For purposes of the performance requirement specified for the
removal of SO INF 2 /INF in the table contained in subparagraph
(B), the SO INF 2 /INF removal design level in the case of a
unit designed for the use of feedstock substantially all of
which is subbituminous coal shall be 99 percent SO INF 2 /INF
removal or the achievement of an emission level of 0.04 pounds
or less of SO INF 2 /INF per million Btu, determined on a 30-
day average.''.
(b) NOTE: 26 USC 48A note. Effective Date.--The amendment made
by this section shall take apply with respect to applications for
certification under section 48A(d)(2) of the Internal Revenue Code of
1986 submitted after October 2, 2006.
SEC. 204. DEDUCTION FOR ENERGY EFFICIENT COMMERCIAL BUILDINGS.
Subsection (h) of section 179D is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
SEC. 205. CREDIT FOR NEW ENERGY EFFICIENT HOMES.
Subsection (g) of section 45L is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
SEC. 206. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension.--Subsection (g) of section 25D is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Clarification of Term.--
(1) Subsections (a)(1), (b)(1)(A), and (e)(4)(A)(i) of
section 25D are each amended by striking ``qualified
photovoltaic property expenditures'' and inserting ``qualified
solar electric property expenditures''.
(2) Section 25D(d)(2) is amended--
(A) by striking ``qualified photovoltaic property
expenditure'' and inserting ``qualified solar electric
property expenditure'', and
(B) in the heading by striking ``qualified
photovoltaic property expenditure'' and inserting
``qualified solar electric property expenditure''.
SEC. 207. ENERGY CREDIT.
Section 48 is amended--
[[Page 2946]]
120 STAT. 2946
(1) by striking ``January 1, 2008'' both places it appears
and inserting ``January 1, 2009'', and
(2) by striking ``December 31, 2007'' both places it appears
and inserting ``December 31, 2008''.
SEC. 208. SPECIAL RULE FOR QUALIFIED METHANOL OR ETHANOL FUEL.
(a) Extension.--Subparagraph (D) of section NOTE: 26 USC
4041. 4041(b)(2) is amended by striking ``October 1, 2007'' and
inserting ``January 1, 2009''.
(b) Applicable Blender Rate.--Section 4041(b)(2)(C)(ii) is amended
by striking ``2007'' and inserting ``2008''.
(c) Clerical Amendment.--The heading for section 4041(b)(2)(B) is
amended to read as follows: ``Qualified methanol and ethanol fuel
produced from coal''.
SEC. 209. SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC BIOMASS ETHANOL
PLANT PROPERTY.
(a) In General.--Section 168 (relating to accelerated cost recovery
system) is amended by adding at the end the following:
``(l) Special Allowance for Cellulosic Biomass Ethanol Plant
Property.--
``(1) Additional allowance.--In the case of any qualified
cellulosic biomass ethanol plant property--
``(A) the depreciation deduction provided by section
167(a) for the taxable year in which such property is
placed in service shall include an allowance equal to 50
percent of the adjusted basis of such property, and
``(B) the adjusted basis of such property shall be
reduced by the amount of such deduction before computing
the amount otherwise allowable as a depreciation
deduction under this chapter for such taxable year and
any subsequent taxable year.
``(2) Qualified cellulosic biomass ethanol plant property.--
The term `qualified cellulosic biomass ethanol plant property'
means property of a character subject to the allowance for
depreciation--
``(A) which is used in the United States solely to
produce cellulosic biomass ethanol,
``(B) the original use of which commences with the
taxpayer after the date of the enactment of this
subsection,
``(C) which is acquired by the taxpayer by purchase
(as defined in section 179(d)) after the date of the
enactment of this subsection, but only if no written
binding contract for the acquisition was in effect on or
before the date of the enactment of this subsection, and
``(D) NOTE: Deadline. which is placed in service
by the taxpayer before January 1, 2013.
``(3) Cellulosic biomass ethanol.--For purposes of this
subsection, the term `cellulosic biomass ethanol' means ethanol
produced by enzymatic hydrolysis of any lignocellulosic or
hemicellulosic matter that is available on a renewable or
recurring basis.
``(4) Exceptions.--
``(A) Alternative depreciation property.--Such term
shall not include any property described in section
168(k)(2)(D)(i).
[[Page 2947]]
120 STAT. 2947
``(B) Tax-exempt bond-financed property.--Such term
shall not include any property any portion of which is
financed with the proceeds of any obligation the
interest on which is exempt from tax under section 103.
``(C) Election out.--If a taxpayer makes an election
under this subparagraph with respect to any class of
property for any taxable year, this subsection shall not
apply to all property in such class placed in service
during such taxable year.
``(5) Special rules.--For purposes of this subsection, rules
similar to the rules of subparagraph (E) of section 168(k)(2)
shall apply, except that such subparagraph shall be applied--
``(A) by substituting `the date of the enactment of
subsection (l)' for `September 10, 2001' each place it
appears therein,
``(B) by substituting `January 1, 2013' for `January
1, 2005' in clause (i) thereof, and
``(C) by substituting `qualified cellulosic biomass
ethanol plant property' for `qualified property' in
clause (iv) thereof.
``(6) NOTE: Applicability. Allowance against alternative
minimum tax.--For purposes of this subsection, rules similar to
the rules of section 168(k)(2)(G) shall apply.
``(7) NOTE: Applicability. Recapture.--For purposes of
this subsection, rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified cellulosic
biomass ethanol plant property which ceases to be qualified
cellulosic biomass ethanol plant property.
``(8) Denial of double benefit.--Paragraph (1) shall not
apply to any qualified cellulosic biomass ethanol plant property
with respect to which an election has been made under section
179C (relating to election to expense certain refineries).''.
(b) NOTE: 26 USC 168 note. Effective Date.--The amendment made
by this section shall apply to property placed in service after the date
of the enactment of this Act in taxable years ending after such date.
SEC. 210. EXPENDITURES PERMITTED FROM THE LEAKING UNDERGROUND STORAGE
TANK TRUST FUND.
(a) In General.--Subsection (c) of section 9508 NOTE: 26 USC
9508. is amended--
(1) by striking ``section 9003(h)'' and inserting ``sections
9003(h), 9003(i), 9003(j), 9004(f), 9005(c), 9010, 9011, 9012,
and 9013'', and
(2) by striking ``Superfund Amendments and Reauthorization
Act of 1986'' and inserting ``Public Law 109-168''.
(b) Conforming Amendments.--Section 9014(2) of the Solid Waste
Disposal Act NOTE: 42 USC 6991m. is amended by striking ``Fund,
notwithstanding section 9508(c)(1) of the Internal Revenue Code of
1986'' and inserting ``Fund''.
(c) NOTE: 26 USC 9508 note. Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act.
SEC. 211. TREATMENT OF COKE AND COKE GAS.
(a) Nonapplication of Phaseout.--Section 45K(g)(2) is amended by
adding at the end the following new subparagraph:
``(D) Nonapplication of phaseout.--Subsection (b)(1)
shall not apply.''.
[[Page 2948]]
120 STAT. 2948
(b) Clarification of Qualifying Facility.--Section 45K(g)(1) is
amended by inserting ``(other than from petroleum based products)''
after ``coke or coke gas''.
(c) NOTE: 26 USC 45K note. Effective Date.--The amendments made
by this section shall take effect as if included in section 1321 of the
Energy Policy Act of 2005.
TITLE NOTE: Health Opportunity Patient Empowerment Act of 2006. 26 USC
1 note. III--HEALTH SAVINGS ACCOUNTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Health Opportunity Patient
Empowerment Act of 2006''.
SEC. 302. FSA AND HRA TERMINATIONS TO FUND HSAS.
(a) In General.--Section 106 NOTE: 26 USC 106. (relating to
contributions by employer to accident and health plans) is amended by
adding at the end the following new subsection:
``(e) FSA and HRA Terminations to Fund HSAs.--
``(1) In general.--A plan shall not fail to be treated as a
health flexible spending arrangement or health reimbursement
arrangement under this section or section 105 merely because
such plan provides for a qualified HSA distribution.
``(2) Qualified hsa distribution.--The term `qualified HSA
distribution' means a distribution from a health flexible
spending arrangement or health reimbursement arrangement to the
extent that such distribution--
``(A) does not exceed the lesser of the balance in
such arrangement on September 21, 2006, or as of the
date of such distribution, and
``(B) is contributed by the employer directly to the
health savings account of the employee before January 1,
2012.
Such term shall not include more than 1 distribution with
respect to any arrangement.
``(3) Additional tax for failure to maintain high deductible
health plan coverage.--
``(A) In general.--If, at any time during the
testing period, the employee is not an eligible
individual, then the amount of the qualified HSA
distribution--
``(i) shall be includible in the gross income
of the employee for the taxable year in which
occurs the first month in the testing period for
which such employee is not an eligible individual,
and
``(ii) the tax imposed by this chapter for
such taxable year on the employee shall be
increased by 10 percent of the amount which is so
includible.
``(B) Exception for disability or death.--Clauses
(i) and (ii) of subparagraph (A) shall not apply if the
employee ceases to be an eligible individual by reason
of the death of the employee or the employee becoming
disabled (within the meaning of section 72(m)(7)).
``(4) Definitions and special rules.--For purposes of this
subsection--
``(A) Testing period.--The term `testing period'
means the period beginning with the month in which the
qualified HSA distribution is contributed to the health
savings
[[Page 2949]]
120 STAT. 2949
account and ending on the last day of the 12th month
following such month.
``(B) Eligible individual.--The term `eligible
individual' has the meaning given such term by section
223(c)(1).
``(C) Treatment as rollover contribution.--A
qualified HSA distribution shall be treated as a
rollover contribution described in section 223(f)(5).
``(5) Tax treatment relating to distributions.--For purposes
of this title--
``(A) In general.--A qualified HSA distribution
shall be treated as a payment described in subsection
(d).
``(B) Comparability excise tax.--
``(i) In general.--Except as provided in
clause (ii), section 4980G shall not apply to
qualified HSA distributions.
``(ii) Failure to offer to all employees.--In
the case of a qualified HSA distribution to any
employee, the failure to offer such distribution
to any eligible individual covered under a high
deductible health plan of the employer shall
(notwithstanding section 4980G(d)) be treated for
purposes of section 4980G as a failure to meet the
requirements of section 4980G(b).''.
(b) Certain FSA Coverage Disregarded Coverage.--Subparagraph (B) of
section 223(c)(1) (relating to certain coverage disregarded) is amended
by striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``, and'', and by inserting after
clause (ii) the following new clause:
``(iii) for taxable years beginning after
December 31, 2006, coverage under a health
flexible spending arrangement during any period
immediately following the end of a plan year of
such arrangement during which unused benefits or
contributions remaining at the end of such plan
year may be paid or reimbursed to plan
participants for qualified benefit expenses
incurred during such period if--
``(I) the balance in such
arrangement at the end of such plan year
is zero, or
``(II) the individual is making a
qualified HSA distribution (as defined
in section 106(e)) in an amount equal to
the remaining balance in such
arrangement as of the end of such plan
year, in accordance with rules
prescribed by the Secretary.''.
(c) Application of Section.--
(1) NOTE: 26 USC 106 note. Subsection (a).--The
amendment made by subsection (a) shall apply to distributions on
or after the date of the enactment of this Act.
(2) NOTE: Effective date. 26 USC 223 note. Subsection
(b).--The amendment made by subsection (b) shall take effect on
the date of the enactment of this Act.
SEC. 303. REPEAL OF ANNUAL DEDUCTIBLE LIMITATION ON HSA CONTRIBUTIONS.
(a) In General.--Paragraph (2) of section 223(b) NOTE: 26 USC
223. (relating to monthly limitation) is amended--
[[Page 2950]]
120 STAT. 2950
(1) in subparagraph (A) by striking ``the lesser of--'' and
all that follows and inserting ``$2,250.'', and
(2) in subparagraph (B) by striking ``the lesser of--'' and
all that follows and inserting ``$4,500.''.
(b) Conforming Amendment.--Section 223(d)(1)(A)(ii)(I) is amended by
striking ``subsection (b)(2)(B)(ii)'' and inserting ``subsection
(b)(2)(B)''.
(c) NOTE: 26 USC 223 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2006.
SEC. 304. NOTE: Applicability. Publication. Deadline. MODIFICATION
OF COST-OF-LIVING ADJUSTMENT.
Paragraph (1) of section 223(g) (relating to cost-of-living
adjustment) is amended by adding at the end the following new flush
sentence:
``In the case of adjustments made for any taxable year beginning
after 2007, section 1(f)(4) shall be applied for purposes of
this paragraph by substituting `March 31' for `August 31', and
the Secretary shall publish the adjusted amounts under
subsections (b)(2) and (c)(2)(A) for taxable years beginning in
any calendar year no later than June 1 of the preceding calendar
year.''.
SEC. 305. CONTRIBUTION LIMITATION NOT REDUCED FOR PART-YEAR COVERAGE.
(a) Increase in Limit for Individuals Becoming Eligible Individuals
After Beginning of the Year.--Subsection (b) of section 223 (relating to
limitations) is amended by adding at the end the following new
paragraph:
``(8) Increase in limit for individuals becoming eligible
individuals after the beginning of the year.--
``(A) In general.--For purposes of computing the
limitation under paragraph (1) for any taxable year, an
individual who is an eligible individual during the last
month of such taxable year shall be treated--
``(i) as having been an eligible individual
during each of the months in such taxable year,
and
``(ii) as having been enrolled, during each of
the months such individual is treated as an
eligible individual solely by reason of clause
(i), in the same high deductible health plan in
which the individual was enrolled for the last
month of such taxable year.
``(B) Failure to maintain high deductible health
plan coverage.--
``(i) In general.--If, at any time during the
testing period, the individual is not an eligible
individual, then--
``(I) gross income of the individual
for the taxable year in which occurs the
first month in the testing period for
which such individual is not an eligible
individual is increased by the aggregate
amount of all contributions to the
health savings account of the individual
which could not have been made but for
subparagraph (A), and
``(II) the tax imposed by this
chapter for any taxable year on the
individual shall be increased by 10
percent of the amount of such increase.
``(ii) Exception for disability or death.--
Subclauses (I) and (II) of clause (i) shall not
apply if the individual ceased to be an eligible
individual by
[[Page 2951]]
120 STAT. 2951
reason of the death of the individual or the
individual becoming disabled (within the meaning
of section 72(m)(7)).
``(iii) Testing period.--The term `testing
period' means the period beginning with the last
month of the taxable year referred to in
subparagraph (A) and ending on the last day of the
12th month following such month.''.
(b) NOTE: 26 USC 223 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2006.
SEC. 306. EXCEPTION TO REQUIREMENT FOR EMPLOYERS TO MAKE COMPARABLE
HEALTH SAVINGS ACCOUNT CONTRIBUTIONS.
(a) In General.--Section 4980G NOTE: 26 USC 4980G. (relating to
failure of employer to make comparable health savings account
contributions) is amended by adding at the end the following new
subsection:
``(d) Exception.--For purposes of applying section 4980E to a
contribution to a health savings account of an employee who is not a
highly compensated employee (as defined in section 414(q)), highly
compensated employees shall not be treated as comparable participating
employees.''.
(b) NOTE: 26 USC 4980G note. Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2006.
SEC. 307. ONE-TIME DISTRIBUTION FROM INDIVIDUAL RETIREMENT PLANS TO FUND
HSAs.
(a) In General.--Subsection (d) of section 408 (relating to
taxability of beneficiary of employees' trust) is amended by adding at
the end the following new paragraph:
``(9) Distribution for health savings account funding.--
``(A) In general.--In the case of an individual who
is an eligible individual (as defined in section 223(c))
and who elects the application of this paragraph for a
taxable year, gross income of the individual for the
taxable year does not include a qualified HSA funding
distribution to the extent such distribution is
otherwise includible in gross income.
``(B) Qualified hsa funding distribution.--For
purposes of this paragraph, the term `qualified HSA
funding distribution' means a distribution from an
individual retirement plan (other than a plan described
in subsection (k) or (p)) of the employee to the extent
that such distribution is contributed to the health
savings account of the individual in a direct trustee-
to-trustee transfer.
``(C) Limitations.--
``(i) Maximum dollar limitation.--The amount
excluded from gross income by subparagraph (A)
shall not exceed the excess of--
``(I) the annual limitation under
section 223(b) computed on the basis of
the type of coverage under the high
deductible health plan covering the
individual at the time of the qualified
HSA funding distribution, over
``(II) in the case of a distribution
described in clause (ii)(II), the amount
of the earlier qualified HSA funding
distribution.
[[Page 2952]]
120 STAT. 2952
``(ii) One-time transfer.--
``(I) In general.--Except as
provided in subclause (II), an
individual may make an election under
subparagraph (A) only for one qualified
HSA funding distribution during the
lifetime of the individual. Such an
election, once made, shall be
irrevocable.
``(II) Conversion from self-only to
family coverage.--If a qualified HSA
funding distribution is made during a
month in a taxable year during which an
individual has self-only coverage under
a high deductible health plan as of the
first day of the month, the individual
may elect to make an additional
qualified HSA funding distribution
during a subsequent month in such
taxable year during which the individual
has family coverage under a high
deductible health plan as of the first
day of the subsequent month.
``(D) Failure to maintain high deductible health
plan coverage.--
``(i) In general.--If, at any time during the
testing period, the individual is not an eligible
individual, then the aggregate amount of all
contributions to the health savings account of the
individual made under subparagraph (A)--
``(I) shall be includible in the
gross income of the individual for the
taxable year in which occurs the first
month in the testing period for which
such individual is not an eligible
individual, and
``(II) the tax imposed by this
chapter for any taxable year on the
individual shall be increased by 10
percent of the amount which is so
includible.
``(ii) Exception for disability or death.--
Subclauses (I) and (II) of clause (i) shall not
apply if the individual ceased to be an eligible
individual by reason of the death of the
individual or the individual becoming disabled
(within the meaning of section 72(m)(7)).
``(iii) Testing period.--The term `testing
period' means the period beginning with the month
in which the qualified HSA funding distribution is
contributed to a health savings account and ending
on the last day of the 12th month following such
month.
``(E) Application of section 72.--Notwithstanding
section 72, in determining the extent to which an amount
is treated as otherwise includible in gross income for
purposes of subparagraph (A), the aggregate amount
distributed from an individual retirement plan shall be
treated as includible in gross income to the extent that
such amount does not exceed the aggregate amount which
would have been so includible if all amounts from all
individual retirement plans were distributed. Proper
adjustments shall be made in applying section 72 to
other distributions in such taxable year and subsequent
taxable years.''.
[[Page 2953]]
120 STAT. 2953
(b) Coordination With Limitation on Contributions to HSAs.--Section
223(b)(4) (relating to coordination with other contributions) is amended
by striking ``and'' at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``, and'', and by
inserting after subparagraph (B) the following new subparagraph:
``(C) the aggregate amount contributed to health
savings accounts of such individual for such taxable
year under section 408(d)(9) (and such amount shall not
be allowed as a deduction under subsection (a)).''.
(c) NOTE: 26 USC 223 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2006.
TITLE IV--OTHER PROVISIONS
SEC. 401. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO
DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO.
(a) In General.--Subsection (d) of section 199 NOTE: 26 USC
199. (relating to definitions and special rules) is amended by
redesignating paragraph (8) as paragraph (9) and by inserting after
paragraph (7) the following new paragraph:
``(8) Treatment of activities in puerto rico.--
``(A) In general.--In the case of any taxpayer with
gross receipts for any taxable year from sources within
the Commonwealth of Puerto Rico, if all of such receipts
are taxable under section 1 or 11 for such taxable year,
then for purposes of determining the domestic production
gross receipts of such taxpayer for such taxable year
under subsection (c)(4), the term `United States' shall
include the Commonwealth of Puerto Rico.
``(B) Special rule for applying wage limitation.--In
the case of any taxpayer described in subparagraph (A),
for purposes of applying the limitation under subsection
(b) for any taxable year, the determination of W-2 wages
of such taxpayer shall be made without regard to any
exclusion under section 3401(a)(8) for remuneration paid
for services performed in Puerto Rico.
``(C) Termination.--This paragraph shall apply only
with respect to the first 2 taxable years of the
taxpayer beginning after December 31, 2005, and before
January 1, 2008.''.
(b) NOTE: 26 USC 199 note. Effective Date.--The amendments made
by subsection (a) shall apply to taxable years beginning after December
31, 2005.
SEC. 402. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY MADE REFUNDABLE
AFTER PERIOD OF YEARS.
(a) In General.--Section 53 (relating to credit for prior year
minimum tax liability) is amended by adding at the end the following new
subsection:
``(e) Special Rule for Individuals With Long-Term Unused Credits.--
``(1) In general.--If an individual has a long-term unused
minimum tax credit for any taxable year beginning before January
1, 2013, the amount determined under subsection (c)
[[Page 2954]]
120 STAT. 2954
for such taxable year shall not be less than the AMT refundable
credit amount for such taxable year.
``(2) AMT refundable credit amount.--For purposes of
paragraph (1)--
``(A) In general.--The term `AMT refundable credit
amount' means, with respect to any taxable year, the
amount equal to the greater of--
``(i) the lesser of--
``(I) $5,000, or
``(II) the amount of long-term
unused minimum tax credit for such
taxable year, or
``(ii) 20 percent of the amount of such
credit.
``(B) Phaseout of amt refundable credit amount.--
``(i) In general.--In the case of an
individual whose adjusted gross income for any
taxable year exceeds the threshold amount (within
the meaning of section 151(d)(3)(C)), the AMT
refundable credit amount determined under
subparagraph (A) for such taxable year shall be
reduced by the applicable percentage (within the
meaning of section 151(d)(3)(B)).
``(ii) Adjusted gross income.--For purposes of
clause (i), adjusted gross income shall be
determined without regard to sections 911, 931,
and 933.
``(3) Long-term unused minimum tax credit.--
``(A) In general.--For purposes of this subsection,
the term `long-term unused minimum tax credit' means,
with respect to any taxable year, the portion of the
minimum tax credit determined under subsection (b)
attributable to the adjusted net minimum tax for taxable
years before the 3rd taxable year immediately preceding
such taxable year.
``(B) First-in, first-out ordering rule.--For
purposes of subparagraph (A), credits shall be treated
as allowed under subsection (a) on a first-in, first-out
basis.
``(4) Credit refundable.--For purposes of this title (other
than this section), the credit allowed by reason of this
subsection shall be treated as if it were allowed under subpart
C.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) NOTE: 26 USC 6211. is amended
by striking ``and 34'' and inserting ``34, and 53(e)''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 53(e)'' after
``section 35''.
(c) NOTE: 26 USC 53 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after the date of
the enactment of this Act.
SEC. 403. RETURNS REQUIRED IN CONNECTION WITH CERTAIN OPTIONS.
(a) In General.--So much of section 6039(a) as follows paragraph (2)
is amended to read as follows:
``shall, for such calendar year, make a return at such time and in such
manner, and setting forth such information, as the Secretary may by
regulations prescribe.''.
(b) Statements to Persons With Respect to Whom Information Is
Furnished.--Section 6039 is amended by redesignating
[[Page 2955]]
120 STAT. 2955
subsections (b) and (c) as subsections (c) and (d), respectively, and by
inserting after subsection (a) the following new subsection:
``(b) Statements To Be Furnished to Persons With Respect to Whom
Information Is Reported.--Every NOTE: Corporations. corporation
making a return under subsection (a) shall furnish to each person whose
name is set forth in such return a written statement setting forth such
information as the Secretary may by regulations prescribe.
The NOTE: Deadline. written statement required under the preceding
sentence shall be furnished to such person on or before January 31 of
the year following the calendar year for which the return under
subsection (a) was made.''.
(c) Conforming Amendments.--
(1) Section 6724(d)(1)(B) NOTE: 26 USC 6724. is amended
by striking ``or'' at the end of clause (xvii), by striking
``and'' at the end of clause (xviii) and inserting ``or'', and
by adding at the end the following new clause:
``(xix) section 6039(a) (relating to returns
required with respect to certain options), and''.
(2) Section 6724(d)(2)(B) is amended by striking ``section
6039(a)'' and inserting ``section 6039(b)''.
(3) The heading of section 6039 and the item relating to
such section in the table of sections of subpart A of part III
of subchapter A of chapter 61 of such Code are each amended by
striking ``Information'' and inserting ``Returns''.
(4) The heading of subsection (a) of section 6039 is amended
by striking ``Furnishing of Information'' and inserting
``Requirement of Reporting''.
(d) NOTE: 26 USC 6039 note. Effective Date.--The amendments made
by this section shall apply to calendar years beginning after the date
of the enactment of this Act.
SEC. 404. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY EQUIPMENT.
(a) In General.--Part VI of subchapter B of chapter 1 is amended by
inserting after section 179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY EQUIPMENT.
``(a) Treatment as Expenses.--A taxpayer may elect to treat 50
percent of the cost of any qualified advanced mine safety equipment
property as an expense which is not chargeable to capital account. Any
cost so treated shall be allowed as a deduction for the taxable year in
which the qualified advanced mine safety equipment property is placed in
service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the advanced mine safety equipment property to
which the election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Advanced Mine Safety Equipment Property.--For
purposes of this section, the term `qualified advanced mine safety
equipment property' means any advanced mine safety
[[Page 2956]]
120 STAT. 2956
equipment property for use in any underground mine located in the United
States--
``(1) the original use of which commences with the taxpayer,
and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(d) Advanced Mine Safety Equipment Property.--For purposes of this
section, the term `advanced mine safety equipment property' means any of
the following:
``(1) Emergency communication technology or device which is
used to allow a miner to maintain constant communication with an
individual who is not in the mine.
``(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or at the
mine.
``(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
``(4) Pre-positioned supplies of oxygen which (in
combination with self-rescue devices) can be used to provide
each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise
necessitates the use of such a self-rescue device, the ability
to survive for at least 48 hours.
``(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen that
are present in all areas of the mine and which can detect smoke
in the case of a fire in a mine.
``(e) Coordination With Section 179.--No expenditures shall be taken
into account under subsection (a) with respect to the portion of the
cost of any property specified in an election under section 179.
``(f) Reporting.--No deduction shall be allowed under subsection (a)
to any taxpayer for any taxable year unless such taxpayer files with the
Secretary a report containing such information with respect to the
operation of the mines of the taxpayer as the Secretary shall require.
``(g) Termination.--This section shall not apply to property placed
in service after December 31, 2008.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) NOTE: 26 USC 263. is amended by
striking ``or'' at the end of subparagraph (J), by striking the
period at the end of subparagraph (K) and inserting ``, or'',
and by inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(2) Section 312(k)(3)(B) is amended by striking ``or 179D''
each place it appears in the heading and text thereof and
inserting ``179D, or 179E''.
(3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are each
amended by inserting ``179E,'' after ``179D,''.
(4) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179D the following new item:
``Sec. 179E. Election to expense advanced mine safety equipment.''.
[[Page 2957]]
120 STAT. 2957
(c) NOTE: 26 USC 179E note. Effective Date.--The amendments made
by this section shall apply to costs paid or incurred after the date of
the enactment of this Act.
SEC. 405. MINE RESCUE TEAM TRAINING TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by adding at the end
the following new section:
``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the mine rescue
team training credit determined under this section with respect to each
qualified mine rescue team employee of an eligible employer for any
taxable year is an amount equal to the lesser of--
``(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of such qualified mine rescue team employee
(including wages of such employee while attending such program),
or
``(2) $10,000.
``(b) Qualified Mine Rescue Team Employee.--For purposes of this
section, the term `qualified mine rescue team employee' means with
respect to any taxable year any full-time employee of the taxpayer who
is--
``(1) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member as a result
of completing, at a minimum, an initial 20-hour course of
instruction as prescribed by the Mine Safety and Health
Administration's Office of Educational Policy and Development,
or
``(2) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member by virtue of
receiving at least 40 hours of refresher training in such
instruction.
``(c) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any taxpayer which employs individuals as
miners in underground mines in the United States.
``(d) Wages.--For purposes of this section, the term `wages' has the
meaning given to such term by subsection (b) of section 3306 (determined
without regard to any dollar limitation contained in such section).
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2008.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) is
amended by striking ``and'' at the end of paragraph (29), by striking
the period at the end of paragraph (30) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(31) the mine rescue team training credit determined under
section 45N(a).''.
(c) No Double Benefit.--Section 280C NOTE: 26 USC 280C. is
amended by adding at the end the following new subsection:
``(e) Mine Rescue Team Training Credit.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined for the taxable year under section 45N(a).''.
[[Page 2958]]
120 STAT. 2958
(d) Clerical Amendment.--The table of sections for subpart D of part
IV of subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45N. Mine rescue team training credit.''.
(e) NOTE: 26 USC 38 note. Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2005.
SEC. 406. WHISTLEBLOWER REFORMS.
(a) Awards to Whistleblowers.--
(1) In general.--Section 7623 NOTE: 26 USC
7623. (relating to expenses of detection of underpayments and
fraud, etc.) is amended--
(A) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary'',
(B) by striking ``and'' at the end of paragraph (1)
and inserting ``or'',
(C) by striking ``(other than interest)'', and
(D) by adding at the end the following new
subsection:
``(b) Awards to Whistleblowers.--
``(1) In general.--If the Secretary proceeds with any
administrative or judicial action described in subsection (a)
based on information brought to the Secretary's attention by an
individual, such individual shall, subject to paragraph (2),
receive as an award at least 15 percent but not more than 30
percent of the collected proceeds (including penalties,
interest, additions to tax, and additional amounts) resulting
from the action (including any related actions) or from any
settlement in response to such action. The determination of the
amount of such award by the Whistleblower Office shall depend
upon the extent to which the individual substantially
contributed to such action.
``(2) Award in case of less substantial contribution.--
``(A) In general.--In the event the action described
in paragraph (1) is one which the Whistleblower Office
determines to be based principally on disclosures of
specific allegations (other than information provided by
the individual described in paragraph (1)) resulting
from a judicial or administrative hearing, from a
governmental report, hearing, audit, or investigation,
or from the news media, the Whistleblower Office may
award such sums as it considers appropriate, but in no
case more than 10 percent of the collected proceeds
(including penalties, interest, additions to tax, and
additional amounts) resulting from the action (including
any related actions) or from any settlement in response
to such action, taking into account the significance of
the individual's information and the role of such
individual and any legal representative of such
individual in contributing to such action.
``(B) Nonapplication of paragraph where individual
is original source of information.--Subparagraph (A)
shall not apply if the information resulting in the
initiation of the action described in paragraph (1) was
originally provided by the individual described in
paragraph (1).
``(3) Reduction in or denial of award.--If the Whistleblower
Office determines that the claim for an award under paragraph
(1) or (2) is brought by an individual who planned
[[Page 2959]]
120 STAT. 2959
and initiated the actions that led to the underpayment of tax or
actions described in subsection (a)(2), then the Whistleblower
Office may appropriately reduce such award. If such individual
is convicted of criminal conduct arising from the role described
in the preceding sentence, the Whistleblower Office shall deny
any award.
``(4) Appeal of award determination.--Any determination
regarding an award under paragraph (1), (2), or (3) may, within
30 days of such determination, be appealed to the Tax Court (and
the Tax Court shall have jurisdiction with respect to such
matter).
``(5) Application of this subsection.--This subsection shall
apply with respect to any action--
``(A) against any taxpayer, but in the case of any
individual, only if such individual's gross income
exceeds $200,000 for any taxable year subject to such
action, and
``(B) if the tax, penalties, interest, additions to
tax, and additional amounts in dispute exceed
$2,000,000.
``(6) Additional rules.--
``(A) No contract necessary.--No contract with the
Internal Revenue Service is necessary for any individual
to receive an award under this subsection.
``(B) Representation.--Any individual described in
paragraph (1) or (2) may be represented by counsel.
``(C) Submission of information.--No award may be
made under this subsection based on information
submitted to the Secretary unless such information is
submitted under penalty of perjury.''.
(2) Assignment to special trial judges.--
(A) In general.--Section 7443A(b) NOTE: 26 USC
7443A. (relating to proceedings which may be assigned
to special trial judges) is amended by striking ``and''
at the end of paragraph (5), by redesignating paragraph
(6) as paragraph (7), and by inserting after paragraph
(5) the following new paragraph:
``(6) any proceeding under section 7623(b)(4), and''.
(B) Conforming amendment.--Section 7443A(c) is
amended by striking ``or (5)'' and inserting ``(5), or
(6)''.
(3) Deduction allowed whether or not taxpayer itemizes.--
Subsection (a) of section 62 (relating to general rule defining
adjusted gross income) is amended by inserting after paragraph
(20) the following new paragraph:
``(21) Attorneys fees relating to awards to
whistleblowers.--Any deduction allowable under this chapter for
attorney fees and court costs paid by, or on behalf of, the
taxpayer in connection with any award under section 7623(b)
(relating to awards to whistleblowers). The preceding sentence
shall not apply to any deduction in excess of the amount
includible in the taxpayer's gross income for the taxable year
on account of such award.''.
(b) Whistleblower NOTE: 26 USC 7623 note. Office.--
(1) In general.--Not NOTE: Deadline. Guidance. later
than the date which is 12 months after the date of the enactment
of this Act, the Secretary of the Treasury shall issue guidance
for the operation of a whistleblower program to be administered
in the Internal Revenue Service by an office to be known as the
``Whistleblower Office'' which--
[[Page 2960]]
120 STAT. 2960
(A) shall at all times operate at the direction of
the Commissioner of Internal Revenue and coordinate and
consult with other divisions in the Internal Revenue
Service as directed by the Commissioner of Internal
Revenue,
(B) shall analyze information received from any
individual described in section 7623(b) of the Internal
Revenue Code of 1986 and either investigate the matter
itself or assign it to the appropriate Internal Revenue
Service office, and
(C) in its sole discretion, may ask for additional
assistance from such individual or any legal
representative of such individual.
(2) Request for assistance.--The guidance issued under
paragraph (1) shall specify that any assistance requested under
paragraph (1)(C) shall be under the direction and control of the
Whistleblower Office or the office assigned to investigate the
matter under paragraph (1)(A). No individual or legal
representative whose assistance is so requested may by reason of
such request represent himself or herself as an employee of the
Federal Government.
(c) Report NOTE: 26 USC 7623 note. by Secretary.--The Secretary
of the Treasury shall each year conduct a study and report to Congress
on the use of section 7623 of the Internal Revenue Code of 1986,
including--
(1) an analysis of the use of such section during the
preceding year and the results of such use, and
(2) any legislative or administrative recommendations
regarding the provisions of such section and its application.
(d) Effective NOTE: 26 USC 62 note. Date.--The amendments made
by subsection (a) shall apply to information provided on or after the
date of the enactment of this Act.
SEC. 407. FRIVOLOUS TAX SUBMISSIONS.
(a) Civil Penalties.--Section 6702 is amended to read as follows:
``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.
``(a) Civil Penalty for Frivolous Tax Returns.--A person shall pay a
penalty of $5,000 if--
``(1) such person files what purports to be a return of a
tax imposed by this title but which--
``(A) does not contain information on which the
substantial correctness of the self-assessment may be
judged, or
``(B) contains information that on its face
indicates that the self-assessment is substantially
incorrect, and
``(2) the conduct referred to in paragraph (1)--
``(A) is based on a position which the Secretary has
identified as frivolous under subsection (c), or
``(B) reflects a desire to delay or impede the
administration of Federal tax laws.
``(b) Civil Penalty for Specified Frivolous Submissions.--
``(1) Imposition of penalty.--Except as provided in
paragraph (3), any person who submits a specified frivolous
submission shall pay a penalty of $5,000.
``(2) Specified frivolous submission.--For purposes of this
section--
``(A) Specified frivolous submission.--The term
`specified frivolous submission' means a specified
submission if any portion of such submission--
[[Page 2961]]
120 STAT. 2961
``(i) is based on a position which the
Secretary has identified as frivolous under
subsection (c), or
``(ii) reflects a desire to delay or impede
the administration of Federal tax laws.
``(B) Specified submission.--The term `specified
submission' means--
``(i) a request for a hearing under--
``(I) section 6320 (relating to
notice and opportunity for hearing upon
filing of notice of lien), or
``(II) section 6330 (relating to
notice and opportunity for hearing
before levy), and
``(ii) an application under--
``(I) section 6159 (relating to
agreements for payment of tax liability
in installments),
``(II) section 7122 (relating to
compromises), or
``(III) section 7811 (relating to
taxpayer assistance orders).
``(3) Opportunity to NOTE: Deadline. withdraw
submission.--If the Secretary provides a person with notice that
a submission is a specified frivolous submission and such person
withdraws such submission within 30 days after such notice, the
penalty imposed under paragraph (1) shall not apply with respect
to such submission.
``(c) Listing of Frivolous Positions.--The Secretary shall prescribe
(and periodically revise) a list of positions which the Secretary has
identified as being frivolous for purposes of this subsection. The
Secretary shall not include in such list any position that the Secretary
determines meets the requirement of section 6662(d)(2)(B)(ii)(II).
``(d) Reduction of Penalty.--The Secretary may reduce the amount of
any penalty imposed under this section if the Secretary determines that
such reduction would promote compliance with and administration of the
Federal tax laws.
``(e) Penalties in Addition to Other Penalties.--The penalties
imposed by this section shall be in addition to any other penalty
provided by law.''.
(b) Treatment of Frivolous Requests for Hearings Before Levy.--
(1) Frivolous NOTE: 26 USC 6330. requests disregarded.--
Section 6330 (relating to notice and opportunity for hearing
before levy) is amended by adding at the end the following new
subsection:
``(g) Frivolous Requests for Hearing, etc.--Notwithstanding any
other provision of this section, if the Secretary determines that any
portion of a request for a hearing under this section or section 6320
meets the requirement of clause (i) or (ii) of section 6702(b)(2)(A),
then the Secretary may treat such portion as if it were never submitted
and such portion shall not be subject to any further administrative or
judicial review.''.
(2) Preclusion from raising frivolous issues at hearing.--
Section 6330(c)(4) is amended--
(A) by striking ``(A)'' and inserting ``(A)(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by striking the period at the end of the first
sentence and inserting ``; or''; and
[[Page 2962]]
120 STAT. 2962
(D) by inserting after subparagraph (A)(ii) (as so
redesignated) the following:
``(B) the issue meets the requirement of clause (i)
or (ii) of section 6702(b)(2)(A).''.
(3) Statement of grounds.--Section 6330(b)(1) is amended by
striking ``under subsection (a)(3)(B)'' and inserting ``in
writing under subsection (a)(3)(B) and states the grounds for
the requested hearing''.
(c) Treatment of Frivolous Requests for Hearings Upon Filing of
Notice of Lien.--Section 6320 NOTE: 26 USC 6320. is amended--
(1) in subsection (b)(1), by striking ``under subsection
(a)(3)(B)'' and inserting ``in writing under subsection
(a)(3)(B) and states the grounds for the requested hearing'',
and
(2) in subsection (c), by striking ``and (e)'' and inserting
``(e), and (g)''.
(d) Treatment of Frivolous Applications for Offers-in-Compromise and
Installment Agreements.--Section 7122 is amended by adding at the end
the following new subsection:
``(f) Frivolous Submissions, etc.--Notwithstanding any other
provision of this section, if the Secretary determines that any portion
of an application for an offer-in-compromise or installment agreement
submitted under this section or section 6159 meets the requirement of
clause (i) or (ii) of section 6702(b)(2)(A), then the Secretary may
treat such portion as if it were never submitted and such portion shall
not be subject to any further administrative or judicial review.''.
(e) Clerical Amendment.--The table of sections for part I of
subchapter B of chapter 68 is amended by striking the item relating to
section 6702 and inserting the following new item:
``Sec. 6702. Frivolous tax submissions.''.
(f) Effective Date.--The NOTE: 26 USC 6320 note. amendments made
by this section shall apply to submissions made and issues raised after
the date on which the Secretary first prescribes a list under section
6702(c) of the Internal Revenue Code of 1986, as amended by subsection
(a).
SEC. 408. ADDITION OF MENINGOCOCCAL AND HUMAN PAPILLOMAVIRUS VACCINES TO
LIST OF TAXABLE VACCINES.
(a) Meningococcal Vaccine.--Section 4132(a)(1) (defining taxable
vaccine) is amended by adding at the end the following new subparagraph:
``(O) Any meningococcal vaccine.''.
(b) Human Papillomavirus Vaccine.--Section 4132(a)(1), as amended by
subsection (a), is amended by adding at the end the following new
subparagraph:
``(P) Any vaccine against the human
papillomavirus.''.
(c) Effective NOTE: 26 USC 4132 note. Date.--
(1) Sales, etc.--The amendments made by this section shall
apply to sales and uses on or after the first day of the first
month which begins more than 4 weeks after the date of the
enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1) and section
4131 of the Internal Revenue Code of 1986, in the case of sales
on or before the effective date described in such paragraph
[[Page 2963]]
120 STAT. 2963
for which delivery is made after such date, the delivery date
shall be considered the sale date.
SEC. 409. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT FUNDS MADE
PERMANENT.
(a) In General.--Subsection (g) of section 468B NOTE: 26 USC
468B. is amended by striking paragraph (3).
(b) Effective Date.--The NOTE: 26 USC 468B note. amendment made
by this section shall take effect as if included in section 201 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 410. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER SECTION 355
MADE PERMANENT.
(a) In General.--Subparagraphs (A) and (D) of section 355(b)(3) are
each amended by striking ``and on or before December 31, 2010''.
(b) Effective Date.--The NOTE: 26 USC 355 note. amendments made
by this section shall take effect as if included in section 202 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 411. REVISION OF STATE VETERANS LIMIT MADE PERMANENT.
(a) In General.--Subparagraph (B) of section 143(l)(3) is amended by
striking clause (iv).
(b) Effective Date.--The NOTE: 26 USC 143 note. amendment made
by this section shall take effect as if included in section 203 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 412. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED MUSICAL WORKS
MADE PERMANENT.
(a) In General.--Paragraph (3) of section 1221(b) is amended by
striking ``before January 1, 2011,''.
(b) Effective Date.--The NOTE: 26 USC 1221 note. amendment made
by this section shall take effect as if included in section 204 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 413. REDUCTION IN MINIMUM VESSEL TONNAGE WHICH QUALIFIES FOR
TONNAGE TAX MADE PERMANENT.
(a) In General.--Paragraph (4) of section 1355(a) is amended by
striking ``10,000 (6,000, in the case of taxable years beginning after
December 31, 2005, and ending before January 1, 2011)'' and inserting
``6,000''.
(b) Effective Date.--The NOTE: 26 USC 1355 note. amendment made
by this section shall take effect as if included in section 205 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 414. MODIFICATION OF SPECIAL ARBITRAGE RULE FOR CERTAIN FUNDS MADE
PERMANENT.
(a) In General.--Section 206 of the Tax Increase Prevention and
Reconciliation Act of 2005 is amended by striking ``and before August
31, 2009''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 206 of the Tax Increase Prevention and
Reconciliation Act of 2005.
SEC. 415. GREAT LAKES DOMESTIC SHIPPING TO NOT DISQUALIFY VESSEL FROM
TONNAGE TAX.
(a) In General.--Section 1355 (relating to definitions and special
rules) is amended by redesignating subsection (g) as subsection
[[Page 2964]]
120 STAT. 2964
(h) and by inserting after subsection (f) the following new subsection:
``(g) Great Lakes Domestic Shipping to not Disqualify Vessel.--
``(1) In general.--If the electing corporation elects (at
such time and in such manner as the Secretary may require) to
apply this subsection for any taxable year to any qualifying
vessel which is used in qualified zone domestic trade during the
taxable year--
``(A) solely for purposes of subsection (a)(4), such
use shall be treated as use in United States foreign
trade (and not as use in United States domestic trade),
and
``(B) subsection (f) shall not apply with respect to
such vessel for such taxable year.
``(2) Effect of temporarily operating vessel in united
states domestic trade.--In the case of a qualifying vessel to
which this subsection applies--
``(A) In general.--An electing corporation shall be
treated as using such vessel in qualified zone domestic
trade during any period of temporary use in the United
States domestic trade (other than qualified zone
domestic trade) if the electing corporation gives timely
notice to the Secretary stating--
``(i) that it temporarily operates or has
operated in the United States domestic trade
(other than qualified zone domestic trade) a
qualifying vessel which had been used in the
United States foreign trade or qualified zone
domestic trade, and
``(ii) its intention to resume operation of
the vessel in the United States foreign trade or
qualified zone domestic trade.
``(B) Notice.--Notice shall be deemed timely if
given not later than the due date (including extensions)
for the corporation's tax return for the taxable year in
which the temporary cessation begins.
``(C) Period disregard in effect.--The period of
temporary use under subparagraph (A) continues until the
earlier of the date of which--
``(i) the electing corporation abandons its
intention to resume operations of the vessel in
the United States foreign trade or qualified zone
domestic trade, or
``(ii) the electing corporation resumes
operation of the vessel in the United States
foreign trade or qualified zone domestic trade.
``(D) No disregard if domestic trade use exceeds 30
days.--Subparagraph (A) shall not apply to any
qualifying vessel which is operated in the United States
domestic trade (other than qualified zone domestic
trade) for more than 30 days during the taxable year.
``(3) Allocation of income and deductions to qualifying
shipping activities.--In the case of a qualifying vessel to
which this subsection applies, the Secretary shall prescribe
rules for the proper allocation of income, expenses, losses, and
deductions between the qualified shipping activities and the
other activities of such vessel.
``(4) Qualified zone domestic trade.--For purposes of this
subsection--
[[Page 2965]]
120 STAT. 2965
``(A) In general.--The term `qualified zone domestic
trade' means the transportation of goods or passengers
between places in the qualified zone if such
transportation is in the United States domestic trade.
``(B) Qualified zone.--The term `qualified zone'
means the Great Lakes Waterway and the St. Lawrence
Seaway.''.
(b) Effective Date.--The NOTE: 26 USC 1355 note. amendments made
by this section shall apply to taxable years beginning after the date of
the enactment of this Act.
SEC. 416. USE OF QUALIFIED MORTGAGE BONDS TO FINANCE RESIDENCES FOR
VETERANS WITHOUT REGARD TO FIRST-TIME HOMEBUYER REQUIREMENT.
(a) In General.--Section 143(d)(2) NOTE: 26 USC 143. (relating
to exceptions to 3-year requirement) is amended by striking ``and'' at
the end of subparagraph (B), by adding ``and'' at the end of
subparagraph (C), and by inserting after subparagraph (C) the following
new subparagraph:
``(D) in the case of bonds issued after the date of
the enactment of this subparagraph and before January 1,
2008, financing of any residence for a veteran (as
defined in section 101 of title 38, United States Code),
if such veteran has not previously qualified for and
received such financing by reason of this
subparagraph,''.
(b) Effective Date.--The NOTE: 26 USC 143 note. amendments made
by this section shall apply to bonds issued after the date of the
enactment of this Act.
SEC. 417. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL RESIDENCE BY
CERTAIN EMPLOYEES OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Subparagraph (A) of section 121(d)(9) (relating to
exclusion of gain from sale of principal residence) is amended by
striking ``duty'' and all that follows and inserting the following:
``duty--
``(i) as a member of the uniformed services,
``(ii) as a member of the Foreign Service of
the United States, or
``(iii) as an employee of the intelligence
community.''.
(b) Employee of Intelligence Community Defined.--Subparagraph (C) of
section 121(d)(9) is amended by redesignating clause (iv) as clause (v)
and by inserting after clause (iii) the following new clause:
``(iv) Employee of intelligence community.--
The term `employee of the intelligence community'
means an employee (as defined by section 2105 of
title 5, United States Code) of--
``(I) the Office of the Director of
National Intelligence,
``(II) the Central Intelligence
Agency,
``(III) the National Security
Agency,
``(IV) the Defense Intelligence
Agency,
``(V) the National Geospatial-
Intelligence Agency,
``(VI) the National Reconnaissance
Office,
[[Page 2966]]
120 STAT. 2966
``(VII) any other office within the
Department of Defense for the collection
of specialized national intelligence
through reconnaissance programs,
``(VIII) any of the intelligence
elements of the Army, the Navy, the Air
Force, the Marine Corps, the Federal
Bureau of Investigation, the Department
of Treasury, the Department of Energy,
and the Coast Guard,
``(IX) the Bureau of Intelligence
and Research of the Department of State,
or
``(X) any of the elements of the
Department of Homeland Security
concerned with the analyses of foreign
intelligence information.''.
(c) Special Rule.--Subparagraph (C) of section NOTE: 26 USC
121. 121(d)(9), as amended by subsection (b), is amended by adding at
the end the following new clause:
``(vi) Special rule relating to intelligence
community.--An employee of the intelligence
community shall not be treated as serving on
qualified extended duty unless such duty is at a
duty station located outside the United States.''.
(d) Conforming Amendment.--The heading for section 121(d)(9) is
amended to read as follows: ``Uniformed services, foreign service, and
intelligence community''.
(e) Effective Date.--The NOTE: 26 USC 121 note. amendments made
by this section shall apply to sales or exchanges after the date of the
enactment of this Act and before January 1, 2011.
SEC. 418. SALE OF PROPERTY BY JUDICIAL OFFICERS.
(a) In General.--Section 1043(b) (relating to the sale of property
to comply with conflict-of-interest requirements) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, or a
judicial officer,'' after ``an officer or employee of
the executive branch''; and
(B) in subparagraph (B), by inserting ``judicial
canon,'' after ``any statute, regulation, rule,'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``judicial
canon,'' after ``any Federal conflict of interest
statute, regulation, rule,''; and
(B) in subparagraph (B), by inserting after ``the
Director of the Office of Government Ethics,'' the
following: ``in the case of executive branch officers or
employees, or by the Judicial Conference of the United
States (or its designee), in the case of judicial
officers,''; and
(3) in paragraph (5)(B), by inserting ``judicial canon,''
after ``any statute, regulation, rule,''.
(b) Judicial Officer Defined.--Section 1043(b) is amended by adding
at the end the following new paragraph:
``(6) Judicial officer.--The term `judicial officer' means
the Chief Justice of the United States, the Associate Justices
of the Supreme Court, and the judges of the United States courts
of appeals, United States district courts, including the
district courts in Guam, the Northern Mariana Islands, and the
Virgin Islands, Court of Appeals for the Federal Circuit, Court
of International Trade, Tax Court, Court of Federal
[[Page 2967]]
120 STAT. 2967
Claims, Court of Appeals for Veterans Claims, United States
Court of Appeals for the Armed Forces, and any court created by
Act of Congress, the judges of which are entitled to hold office
during good behavior.''.
(c) Effective Date.--The NOTE: 26 USC 1043 note. amendments made
by this section shall apply to sales after the date of enactment of this
Act.
SEC. 419. PREMIUMS FOR MORTGAGE INSURANCE.
(a) In NOTE: 26 USC 163. General.--Section 163(h)(3) (relating
to qualified residence interest) is amended by adding at the end the
following new subparagraph:
``(E) Mortgage insurance premiums treated as
interest.--
``(i) In general.--Premiums paid or accrued
for qualified mortgage insurance by a taxpayer
during the taxable year in connection with
acquisition indebtedness with respect to a
qualified residence of the taxpayer shall be
treated for purposes of this section as interest
which is qualified residence interest.
``(ii) Phaseout.--The amount otherwise treated
as interest under clause (i) shall be reduced (but
not below zero) by 10 percent of such amount for
each $1,000 ($500 in the case of a married
individual filing a separate return) (or fraction
thereof) that the taxpayer's adjusted gross income
for the taxable year exceeds $100,000 ($50,000 in
the case of a married individual filing a separate
return).
``(iii) Limitation.--Clause (i) shall not
apply with respect to any mortgage insurance
contracts issued before January 1, 2007.
``(iv) Termination.--Clause (i) shall not
apply to amounts--
``(I) paid or accrued after December
31, 2007, or
``(II) properly allocable to any
period after such date.''.
(b) Definition and Special Rules.--Section 163(h)(4) (relating to
other definitions and special rules) is amended by adding at the end the
following new subparagraphs:
``(E) Qualified mortgage insurance.--The term
`qualified mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration, or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as defined
by section 2 of the Homeowners Protection Act of
1998 (12 U.S.C. 4901), as in effect on the date of
the enactment of this subparagraph).
``(F) Special rules for prepaid qualified mortgage
insurance.--Any amount paid by the taxpayer for
qualified mortgage insurance that is properly allocable
to any mortgage the payment of which extends to periods
that are after the close of the taxable year in which
such amount is paid shall be chargeable to capital
account and shall be treated as paid in such periods to
which so allocated. No deduction shall be allowed for
the unamortized balance of such account if such mortgage
is satisfied before the
[[Page 2968]]
120 STAT. 2968
end of its term. The preceding sentences shall not apply
to amounts paid for qualified mortgage insurance
provided by the Veterans Administration or the Rural
Housing Administration.''.
(c) Information Returns Relating to Mortgage Insurance.--Section
6050H NOTE: 26 USC 6050H. (relating to returns relating to mortgage
interest received in trade or business from individuals) is amended by
adding at the end the following new subsection:
``(h) Returns Relating to Mortgage Insurance Premiums.--
``(1) In general.--The Secretary may prescribe, by
regulations, that any person who, in the course of a trade or
business, receives from any individual premiums for mortgage
insurance aggregating $600 or more for any calendar year, shall
make a return with respect to each such individual. Such return
shall be in such form, shall be made at such time, and shall
contain such information as the Secretary may prescribe.
``(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to make
a return under paragraph (1) shall furnish to each individual
with respect to whom a return is made a written statement
showing such information as the Secretary may prescribe. Such
written statement shall be furnished on or before January 31 of
the year following the calendar year for which the return under
paragraph (1) was required to be made.
``(3) Special rules.--For purposes of this subsection--
``(A) rules similar to the rules of subsection (c)
shall apply, and
``(B) the term `mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration, or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as defined
by section 2 of the Homeowners Protection Act of
1998 (12 U.S.C. 4901), as in effect on the date of
the enactment of this subsection).''.
(d) Effective Date.--The NOTE: 26 USC 163 note. amendments made
by this section shall apply to amounts paid or accrued after December
31, 2006.
SEC. 420. MODIFICATION OF REFUNDS FOR KEROSENE USED IN AVIATION.
(a) In General.--Paragraph (4) of section 6427(l) (relating to
nontaxable uses of diesel fuel and kerosene) is amended to read as
follows:
``(4) Refunds for kerosene used in aviation.--
``(A) Kerosene used in commercial aviation.--In the
case of kerosene used in commercial aviation (as defined
in section 4083(b)) (other than supplies for vessels or
aircraft within the meaning of section 4221(d)(3)),
paragraph (1) shall not apply to so much of the tax
imposed by section 4041 or 4081, as the case may be, as
is attributable to--
``(i) the Leaking Underground Storage Tank
Trust Fund financing rate imposed by such section,
and
``(ii) so much of the rate of tax specified in
section 4041(c) or 4081(a)(2)(A)(iii), as the case
may be, as does not exceed 4.3 cents per gallon.
[[Page 2969]]
120 STAT. 2969
``(B) Kerosene used in noncommercial aviation.--In
the case of kerosene used in aviation that is not
commercial aviation (as so defined) (other than any use
which is exempt from the tax imposed by section 4041(c)
other than by reason of a prior imposition of tax),
paragraph (1) shall not apply to--
``(i) any tax imposed by subsection (c) or
(d)(2) of section 4041, and
``(ii) so much of the tax imposed by section
4081 as is attributable to--
``(I) the Leaking Underground
Storage Tank Trust Fund financing rate
imposed by such section, and
``(II) so much of the rate of tax
specified in section 4081(a)(2)(A)(iii)
as does not exceed the rate specified in
section 4081(a)(2)(C)(ii).
``(C) Payments to ultimate, registered vendor.--
``(i) In general.--With respect to any
kerosene used in aviation (other than kerosene
described in clause (ii) or kerosene to which
paragraph (5) applies), if the ultimate purchaser
of such kerosene waives (at such time and in such
form and manner as the Secretary shall prescribe)
the right to payment under paragraph (1) and
assigns such right to the ultimate vendor, then
the Secretary shall pay the amount which would be
paid under paragraph (1) to such ultimate vendor,
but only if such ultimate vendor--
``(I) is registered under section
4101, and
``(II) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).
``(ii) Payments for kerosene used in
noncommercial aviation.--The amount which would be
paid under paragraph (1) with respect to any
kerosene to which subparagraph (B) applies shall
be paid only to the ultimate vendor of such
kerosene. A payment shall be made to such vendor
if such vendor--
``(I) is registered under section
4101, and
``(II) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).''.
(b) Conforming Amendments.--
(1) Section NOTE: 26 USC 6427. 6427(l) is amended by
striking paragraph (5) and by redesignating paragraph (6) as
paragraph (5).
(2) Section 4082(d)(2)(B) is amended by striking ``section
6427(l)(6)(B)'' and inserting ``section 6427(l)(5)(B)''.
(3) Section 6427(i)(4)(A) is amended--
(A) by striking ``paragraph (4)(B), (5), or (6)''
each place it appears and inserting ``paragraph (4)(C)
or (5)'', and
(B) by striking ``(l)(5), and (l)(6)'' and inserting
``(l)(4)(C)(ii), and (l)(5)''.
(4) Section 6427(l)(1) is amended by striking ``paragraph
(4)(B)'' and inserting ``paragraph (4)(C)(i)''.
(5) Section 9502(d) is amended--
(A) in paragraph (2), by striking ``and (l)(5)'',
and
(B) in paragraph (3), by striking ``or (5)''.
(6) Section 9503(c)(7) is amended--
(A) by amending subparagraphs (A) and (B) to read as
follows:
[[Page 2970]]
120 STAT. 2970
``(A) 4.3 cents per gallon of kerosene subject to
section 6427(l)(4)(A) with respect to which a payment
has been made by the Secretary under section 6427(l),
and
``(B) 21.8 cents per gallon of kerosene subject to
section 6427(l)(4)(B) with respect to which a payment
has been made by the Secretary under section 6427(l).'',
and
(B) in the matter following subparagraph (B), by
striking ``or (5)''.
(c) Effective NOTE: 26 USC 6427 note. Date.--
(1) In general.--The amendments made by this section shall
apply to kerosene sold after September 30, 2005.
(2) Special rule for pending claims.--In the case of
kerosene sold for use in aviation (other than kerosene to which
section 6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986
(as added by subsection (a)) applies or kerosene to which
section 6427(l)(5) of such Code (as redesignated by subsection
(b)) applies) after September 30, 2005, and before the date of
the enactment of this Act, the ultimate purchaser shall be
treated as having waived the right to payment under section
6427(l)(1) of such Code and as having assigned such right to the
ultimate vendor if such ultimate vendor has met the requirements
of subparagraph (A), (B), or (D) of section 6416(a)(1) of such
Code.
(d) Special NOTE: 26 USC 6427 note. Rule for Kerosene Used in
Aviation on a Farm for Farming Purposes.--
(1) Refunds for purchases after december 31, 2004, and
before october 1, 2005.--The Secretary of the Treasury shall pay
to the ultimate purchaser of any kerosene which is used in
aviation on a farm for farming purposes and which was purchased
after December 31, 2004, and before October 1, 2005, an amount
equal to the aggregate amount of tax imposed on such fuel under
section 4041 or 4081 of the Internal Revenue Code of 1986, as
the case may be, reduced by any payment to the ultimate vendor
under section 6427(l)(5)(C) of such Code (as in effect on the
day before the date of the enactment of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: a Legacy for
Users).
(2) Use on a farm for farming purposes.--For purposes of
paragraph (1), kerosene shall be treated as used on a farm for
farming purposes if such kerosene is used for farming purposes
(within the meaning of section 6420(c)(3) of the Internal
Revenue Code of 1986) in carrying on a trade or business on a
farm situated in the United States. For purposes of the
preceding sentence, rules similar to the rules of section
6420(c)(4) of such Code shall apply.
(3) Time for filing claims.--No claim shall be allowed under
paragraph (1) unless the ultimate purchaser files such claim
before the date that is 3 months after the date of the enactment
of this Act.
(4) No double benefit.--No amount shall be paid under
paragraph (1) or section 6427(l) of the Internal Revenue Code of
1986 with respect to any kerosene described in paragraph (1) to
the extent that such amount is in excess of the tax imposed on
such kerosene under section 4041 or 4081 of such Code, as the
case may be.
[[Page 2971]]
120 STAT. 2971
(5) Applicable laws.--For purposes of this subsection, rules
similar to the rules of section 6427(j) of the Internal Revenue
Code of 1986 shall apply.
SEC. 421. REGIONAL INCOME TAX AGENCIES TREATED AS STATES FOR PURPOSES OF
CONFIDENTIALITY AND DISCLOSURE REQUIREMENTS.
(a) In General.--Paragraph (5) of section NOTE: 26 USC
6103. 6103(b) is amended to read as follows:
``(5) State.--
``(A) In general.--The term `State' means--
``(i) any of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, the Canal Zone, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands,
``(ii) for purposes of subsections (a)(2),
(b)(4), (d)(1), (h)(4), and (p), any
municipality--
``(I) with a population in excess of
250,000 (as determined under the most
recent decennial United States census
data available),
``(II) which imposes a tax on income
or wages, and
``(III) with which the Secretary (in
his sole discretion) has entered into an
agreement regarding disclosure, and
``(iii) for purposes of subsections (a)(2),
(b)(4), (d)(1), (h)(4), and (p), any governmental
entity--
``(I) which is formed and operated
by a qualified group of municipalities,
and
``(II) with which the Secretary (in
his sole discretion) has entered into an
agreement regarding disclosure.
``(B) Regional income tax agencies.--For purposes of
subparagraph (A)(iii)--
``(i) Qualified group of municipalities.--The
term `qualified group of municipalities' means,
with respect to any governmental entity, 2 or more
municipalities--
``(I) each of which imposes a tax on
income or wages,
``(II) each of which, under the
authority of a State statute,
administers the laws relating to the
imposition of such taxes through such
entity, and
``(III) which collectively have a
population in excess of 250,000 (as
determined under the most recent
decennial United States census data
available).
``(ii) References to state law, etc.--For
purposes of applying subparagraph (A)(iii) to the
subsections referred to in such subparagraph, any
reference in such subsections to State law,
proceedings, or tax returns shall be treated as
references to the law, proceedings, or tax
returns, as the case may be, of the municipalities
which form and operate the governmental entity
referred to in such subparagraph.
[[Page 2972]]
120 STAT. 2972
``(iii) Disclosure to contractors and other
agents.--Notwithstanding any other provision of
this section, no return or return information
shall be disclosed to any contractor or other
agent of a governmental entity referred to in
subparagraph (A)(iii) unless such entity, to the
satisfaction of the Secretary--
``(I) has requirements in effect
which require each such contractor or
other agent which would have access to
returns or return information to provide
safeguards (within the meaning of
subsection (p)(4)) to protect the
confidentiality of such returns or
return information,
``(II) agrees to conduct an on-site
review every 3 years (or a mid-point
review in the case of contracts or
agreements of less than 3 years in
duration) of each contractor or other
agent to determine compliance with such
requirements,
``(III) submits the findings of the
most recent review conducted under
subclause (II) to the Secretary as part
of the report required by subsection
(p)(4)(E), and
``(IV) certifies to the Secretary
for the most recent annual period that
such contractor or other agent is in
compliance with all such requirements.
The certification required by subclause (IV) shall
include the name and address of each contractor
and other agent, a description of the contract or
agreement with such contractor or other agent, and
the duration of such contract or agreement. The
requirements of this clause shall not apply to
disclosures pursuant to subsection (n) for
purposes of Federal tax administration and a rule
similar to the rule of subsection (p)(8)(B) shall
apply for purposes of this clause.''.
(b) Special Rules for Disclosure.--Subsection (d) of section 6103 is
amended by adding at the end the following new paragraph:
``(6) Limitation on disclosure regarding regional income tax
agencies treated as states.--For purposes of paragraph (1),
inspection by or disclosure to an entity described in subsection
(b)(5)(A)(iii) shall be for the purpose of, and only to the
extent necessary in, the administration of the laws of the
member municipalities in such entity relating to the imposition
of a tax on income or wages. Such entity may not redisclose any
return or return information received pursuant to paragraph (1)
to any such member municipality.''.
(c) Effective Date.--The NOTE: 26 USC 6103 note. amendments made
by this section shall apply to disclosures made after December 31, 2006.
SEC. 422. DESIGNATION OF WINES BY SEMI-GENERIC NAMES.
(a) In General.--Subsection (c) of section NOTE: 26 USC
5388. 5388 (relating to use of semi-generic designations) is amended
by adding at the end the following new paragraph:
``(3) Special rule for use of certain semi-generic des-
ignations.--
``(A) In general.--In the case of any wine to which
this paragraph applies--
``(i) paragraph (1) shall not apply,
[[Page 2973]]
120 STAT. 2973
``(ii) in the case of wine of the European
Community, designations referred to in
subparagraph (C)(i) may be used for such wine only
if the requirement of subparagraph (B)(ii) is met,
and
``(iii) in the case any other wine bearing a
brand name, or brand name and fanciful name, semi-
generic designations may be used for such wine
only if the requirements of clauses (i), (ii), and
(iii) of subparagraph (B) are met.
``(B) Requirements.--
``(i) The requirement of this clause is met if
there appears in direct conjunction with the semi-
generic designation an appropriate appellation of
origin disclosing the origin of the wine.
``(ii) The requirement of this clause is met
if the wine conforms to the standard of identity,
if any, for such wine contained in the regulations
under this section or, if there is no such
standard, to the trade understanding of such class
or type.
``(iii) The requirement of this clause is met
if the person, or its successor in interest, using
the semi-generic designation held a Certificate of
Label Approval or Certificate of Exemption from
Label Approval issued by the Secretary for a wine
label bearing such brand name, or brand name and
fanciful name, before March 10, 2006, on which
such semi-generic designation appeared.
``(C) Wines to which paragraph applies.--
``(i) In general.--Except as provided in
clause (ii), this paragraph shall apply to any
grape wine which is designated as Burgundy,
Claret, Chablis, Champagne, Chianti, Malaga,
Marsala, Madeira, Moselle, Port, Retsina, Rhine
Wine or Hock, Sauterne, Haut Sauterne, Sherry, or
Tokay.
``(ii) Exception.--This paragraph shall not
apply to wine which--
``(I) contains less than 7 percent
or more than 24 percent alcohol by
volume,
``(II) is intended for sale outside
the United States, or
``(III) does not bear a brand
name.''.
(b) Effective Date.--The NOTE: 26 USC 5388 note. amendments made
by this section shall apply to wine imported or bottled in the United
States on or after the date of enactment of this Act.
SEC. 423. MODIFICATION OF RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(d) NOTE: 26 USC 45G. (defining
qualified railroad track maintenance expenditures) is amended--
(1) by inserting ``gross'' after ``means'', and
(2) by inserting ``(determined without regard to any
consideration for such expenditures given by the Class II or
Class III railroad which made the assignment of such track)''
after ``Class II or Class III railroad''.
(b) Effective Date.--The NOTE: 26 USC 45G note. amendment made
by this section shall take effect as if included in the amendment made
by section 245(a) of the American Jobs Creation Act of 2004.
[[Page 2974]]
120 STAT. 2974
SEC. 424. MODIFICATION OF EXCISE TAX ON UNRELATED BUSINESS TAXABLE
INCOME OF CHARITABLE REMAINDER TRUSTS.
(a) In General.--Subsection (c) of section 664 NOTE: 26 USC
664. (relating to exemption from income taxes) is amended to read as
follows:
``(c) Taxation of Trusts.--
``(1) Income tax.--A charitable remainder annuity trust and
a charitable remainder unitrust shall, for any taxable year, not
be subject to any tax imposed by this subtitle.
``(2) Excise tax.--
``(A) In general.--In the case of a charitable
remainder annuity trust or a charitable remainder
unitrust which has unrelated business taxable income
(within the meaning of section 512, determined as if
part III of subchapter F applied to such trust) for a
taxable year, there is hereby imposed on such trust or
unitrust an excise tax equal to the amount of such
unrelated business taxable income.
``(B) Certain rules to apply.--The tax imposed by
subparagraph (A) shall be treated as imposed by chapter
42 for purposes of this title other than subchapter E of
chapter 42.
``(C) Tax court proceedings.--For purposes of this
paragraph, the references in section 6212(c)(1) to
section 4940 shall be deemed to include references to
this paragraph.''.
(b) Effective Date.--The NOTE: 26 USC 664 note. amendment made
by this section shall apply to taxable years beginning after December
31, 2006.
SEC. 425. LOANS TO QUALIFIED CONTINUING CARE FACILITIES MADE PERMANENT.
(a) In General.--Subsection (h) of section 7872 (relating to
exception for loans to qualified continuing care facilities) is amended
by striking paragraph (4).
(b) Effective Date.--The NOTE: 26 USC 7872 note. amendment made
by this section shall take effect as if included in section 209 of the
Tax Increase Prevention and Reconciliation Act of 2005.
SEC. 426. TECHNICAL CORRECTIONS.
(a) Technical Correction Relating to Look-Through Treatment of
Payments Between Related Controlled Foreign Corporations Under the
Foreign Personal Holding Company Rules.--
(1) In general.--
(A) The first sentence of section 954(c)(6)(A) is
amended by striking ``which is not subpart F income''
and inserting ``which is neither subpart F income nor
income treated as effectively connected with the conduct
of a trade or business in the United States''.
(B) NOTE: Regulations. Section 954(c)(6)(A) is
amended by striking the last sentence and inserting the
following: ``The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry
out this paragraph, including such regulations as may be
necessary or appropriate to prevent the abuse of the
purposes of this paragraph.''.
(2) Effective date.--The NOTE: 26 USC 954
note. amendments made by this subsection shall take effect as
if included in section 103(b) of the Tax Increase Prevention and
Reconciliation Act of 2005.
[[Page 2975]]
120 STAT. 2975
(b) Technical Correction Regarding Authority to Exercise Reasonable
Cause and Good Faith Exception.--
(1) In general.--Section 903(d)(2)(B)(iii) of the American
Jobs Creation Act of 2004, as amended by section 303(a) of the
Gulf Opportunity Zone Act of 2005, NOTE: 26 USC 6404
note. is amended by inserting ``or the Secretary's delegate''
after ``the Secretary of the Treasury''.
(2) Effective date.--The NOTE: 26 USC 6404
note. amendment made by this subsection shall take effect as
if included in the provisions of the American Jobs Creation Act
of 2004 to which it relates.
DIVISION NOTE: Medicare Improvements and Extension Act of 2006. B--
MEDICARE AND OTHER HEALTH PROVISIONS
SEC. 1. NOTE: 42 USC 1305 note. SHORT TITLE OF DIVISION.
This division may be cited as the ``Medicare Improvements and
Extension Act of 2006''.
TITLE I--MEDICARE IMPROVED QUALITY AND PROVIDER PAYMENTS
SEC. 101. PHYSICIAN PAYMENT AND QUALITY IMPROVEMENT.
(a) One-Year Increase in Medicare Physician Fee Schedule Conversion
Factor.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-
4(d)) is amended by adding at the end the following new paragraph:
``(7) Conversion factor for 2007.--
``(A) In general.--The conversion factor that would
otherwise be applicable under this subsection for 2007
shall be the amount of such conversion factor divided by
the product of--
``(i) 1 plus the Secretary's estimate of the
percentage increase in the MEI (as defined in
section 1842(i)(3)) for 2007 (divided by 100); and
``(ii) 1 plus the Secretary's estimate of the
update adjustment factor under paragraph (4)(B)
for 2007.
``(B) No effect on computation of conversion factor
for 2008.--The conversion factor under this subsection
shall be computed under paragraph (1)(A) for 2008 as if
subparagraph (A) had never applied.''.
(b) Quality Reporting System.--Section 1848 of the Social Security
Act (42 U.S.C. 1395w-4) is amended by adding at the end the following
new subsection:
``(k) Quality Reporting System.--
``(1) In general.--The Secretary shall implement a system
for the reporting by eligible professionals of data on quality
measures specified under paragraph (2). Such data shall be
submitted in a form and manner specified by the Secretary (by
program instruction or otherwise), which may include submission
of such data on claims under this part.
``(2) Use of consensus-based quality measures.--
``(A) For 2007.--
[[Page 2976]]
120 STAT. 2976
``(i) In general.--For NOTE: Website,
publication. Deadline. purposes of applying this
subsection for the reporting of data on quality
measures for covered professional services
furnished during the period beginning July 1,
2007, and ending December 31, 2007, the quality
measures specified under this paragraph are the
measures identified as 2007 physician quality
measures under the Physician Voluntary Reporting
Program as published on the public website of the
Centers for Medicare & Medicaid Services as of the
date of the enactment of this subsection, except
as may be changed by the Secretary based on the
results of a consensus-based process in January of
2007, if such change is published on such website
by not later than April 1, 2007.
``(ii) Subsequent refinements in application
permitted.--The Secretary NOTE: Website,
publication. may, from time to time (but not
later than July 1, 2007), publish on such website
(without notice or opportunity for public comment)
modifications or refinements (such as code
additions, corrections, or revisions) for the
application of quality measures previously
published under clause (i), but may not, under
this clause, change the quality measures under the
reporting system.
``(iii) Implementation.--Notwithstanding any
other provision of law, the Secretary may
implement by program instruction or otherwise this
subsection for 2007.
``(B) For 2008.--
``(i) In general.--For purposes of reporting
data on quality measures for covered professional
services furnished during 2008, the quality
measures specified under this paragraph for
covered professional services shall be measures
that have been adopted or endorsed by a consensus
organization (such as the National Quality Forum
or AQA), that include measures that have been
submitted by a physician specialty, and that the
Secretary identifies as having used a consensus-
based process for developing such measures. Such
measures shall include structural measures, such
as the use of electronic health records and
electronic prescribing technology.
``(ii) Proposed set
of NOTE: Deadline. Federal Register,
publication. measures.--Not later than August
15, 2007, the Secretary shall publish in the
Federal Register a proposed set of quality
measures that the Secretary determines are
described in clause (i) and would be appropriate
for eligible professionals to use to submit data
to the NOTE: Public comment. Secretary in
2008. The Secretary shall provide for a period of
public comment on such set of measures.
``(iii) Final set of measures.--
Not NOTE: Deadline. Federal Register,
publication. later than November 15, 2007, the
Secretary shall publish in the Federal Register a
final set of quality measures that the Secretary
determines are described in clause (i) and would
be appropriate for eligible professionals to use
to submit data to the Secretary in 2008.
``(3) Covered professional services and eligible
professionals defined.--For purposes of this subsection:
[[Page 2977]]
120 STAT. 2977
``(A) Covered professional services.--The term
`covered professional services' means services for which
payment is made under, or is based on, the fee schedule
established under this section and which are furnished
by an eligible professional.
``(B) Eligible professional.--The term `eligible
professional' means any of the following:
``(i) A physician.
``(ii) A practitioner described in section
1842(b)(18)(C).
``(iii) A physical or occupational therapist
or a qualified speech-language pathologist.
``(4) Use of registry-based reporting.--As part of the
publication of proposed and final quality measures for 2008
under clauses (ii) and (iii) of paragraph (2)(B), the Secretary
shall address a mechanism whereby an eligible professional may
provide data on quality measures through an appropriate medical
registry (such as the Society of Thoracic Surgeons National
Database), as identified by the Secretary.
``(5) Identification units.--For purposes of applying this
subsection, the Secretary may identify eligible professionals
through billing units, which may include the use of the Provider
Identification Number, the unique physician identification
number (described in section 1833(q)(1)), the taxpayer
identification number, or the National Provider Identifier. For
purposes of applying this subsection for 2007, the Secretary
shall use the taxpayer identification number as the billing
unit.
``(6) Education and outreach.--The Secretary shall provide
for education and outreach to eligible professionals on the
operation of this subsection.
``(7) Limitations on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise, of the development and implementation of the
reporting system under paragraph (1), including identification
of quality measures under paragraph (2) and the application of
paragraphs (4) and (5).
``(8) Implementation.--The Secretary shall carry out this
subsection acting through the Administrator of the Centers for
Medicare & Medicaid Services.''.
(c) Transitional NOTE: 42 USC 1395w-4 note. Bonus Incentive
Payments for Quality Reporting in 2007.--
(1) In general.--With respect to covered professional
services furnished during a reporting period (as defined in
paragraph (6)(C)) by an eligible professional, if--
(A) there are any quality measures that have been
established under the physician reporting system that
are applicable to any such services furnished by such
professional for such period, and
(B) the eligible professional satisfactorily submits
(as determined under paragraph (2)) to the Secretary
data on such quality measures in accordance with such
reporting system for such reporting period,
in addition to the amount otherwise paid under part B of title
XVIII of the Social Security Act, subject to paragraph (3),
there also shall be paid to the eligible professional (or to an
employer or facility in the cases described in clause (A) of
section 1842(b)(6) of the Social Security Act (42 U.S.C.
[[Page 2978]]
120 STAT. 2978
1395u(b)(6))) from the Federal Supplementary Medical Insurance
Trust Fund established under section 1841 of such Act (42 U.S.C.
1395t) an amount equal to 1.5 percent of the Secretary's
estimate (based on claims submitted not later than two months
after the end of the reporting period) of the allowed charges
under such part for all such covered professional services
furnished during the reporting period.
(2) Satisfactory reporting described.--For purposes of
paragraph (1), an eligible professional shall be treated as
satisfactorily submitting data on quality measures for covered
professional services for a reporting period if quality measures
have been reported as follows:
(A) Three or fewer quality measures applicable.--If
there are no more than 3 quality measures that are
provided under the physician reporting system and that
are applicable to such services of such professional
furnished during the period, each such quality measure
has been reported under such system in at least 80
percent of the cases in which such measure is reportable
under the system.
(B) Four or more quality measures applicable.--If
there are 4 or more quality measures that are provided
under the physician reporting system and that are
applicable to such services of such professional
furnished during the period, at least 3 such quality
measures have been reported under such system in at
least 80 percent of the cases in which the respective
measure is reportable under the system.
(3) Payment limitation.--
(A) In general.--In no case shall the total payment
made under this subsection to an eligible professional
(or to an employer or facility in the cases described in
clause (A) of section 1842(b)(6) of the Social Security
Act) exceed the product of--
(i) the total number of quality measures for
which data are submitted under the physician
reporting system for covered professional services
of such professional that are furnished during the
reporting period; and
(ii) 300 percent of the average per measure
payment amount specified in subparagraph (B).
(B) Average per measure payment amount specified.--
The average per measure payment amount specified in this
subparagraph is an amount, estimated by the Secretary
(based on claims submitted not later than two months
after the end of the reporting period), equal to--
(i) the total of the amount of allowed charges
under part B of title XVIII of the Social Security
Act for all covered professional services
furnished during the reporting period on claims
for which quality measures are reported under the
physician reporting system; divided by
(ii) the total number of quality measures for
which data are reported under such system for
covered professional services furnished during the
reporting period.
(4) Form of payment.--The payment under this subsection
shall be in the form of a single consolidated payment.
[[Page 2979]]
120 STAT. 2979
(5) Application.--
(A) Physician reporting system rules.--Paragraphs
(5), (6), and (8) of section 1848(k) of the Social
Security Act, as added by subsection (b), shall apply
for purposes of this subsection in the same manner as
they apply for purposes of such section.
(B) Coordination with other bonus payments.--The
provisions of this subsection shall not be taken into
account in applying subsections (m) and (u) of section
1833 of the Social Security Act (42 U.S.C. 1395l) and
any payment under such subsections shall not be taken
into account in computing allowable charges under this
subsection.
(C) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement by program
instruction or otherwise this subsection.
(D) Validation.--
(i) In general.--Subject to the succeeding
provisions of this subparagraph, for purposes of
determining whether a measure is applicable to the
covered professional services of an eligible
professional under paragraph (2), the Secretary
shall presume that if an eligible professional
submits data for a measure, such measure is
applicable to such professional.
(ii) Method.--The Secretary shall validate (by
sampling or other means as the Secretary
determines to be appropriate) whether measures
applicable to covered professional services of an
eligible professional have been reported.
(iii) Denial of payment authority.--If the
Secretary determines that an eligible professional
has not reported measures applicable to covered
professional services of such professional, the
Secretary shall not pay the bonus incentive
payment.
(E) Limitations on review.--
(i) In general.--There shall be no
administrative or judicial review under section
1869 or 1878 of the Social Security Act or
otherwise of--
(I) the determination of measures
applicable to services furnished by
eligible professionals under this
subsection;
(II) the determination of
satisfactory reporting under paragraph
(2);
(III) the determination of the
payment limitation under paragraph (3);
and
(IV) the determination of the bonus
incentive payment under this subsection.
(ii) Treatment of determinations.--A
determination under this subsection shall not be
treated as a determination for purposes of section
1869 of the Social Security Act.
(6) Definitions.--For purposes of this subsection:
(A) Eligible professional; covered professional
services.--The terms ``eligible professional'' and
``covered professional services'' have the meanings
given such terms in section 1848(k)(3) of the Social
Security Act, as added by subsection (b).
[[Page 2980]]
120 STAT. 2980
(B) Physician reporting system.--The term
``physician reporting system'' means the system
established under section 1848(k) of the Social Security
Act, as added by subsection (b).
(C) Reporting period.--The term ``reporting period''
means the period beginning on July 1, 2007, and ending
on December 31, 2007.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(d) Physician Assistance and Quality Initiative Fund.--Section 1848
of the Social Security Act, as amended by subsection (b), is further
amended by adding at the end the following new subsection:
``(l) Physician Assistance and Quality Initiative Fund.--
``(1) Establishment.--The Secretary shall establish under
this subsection a Physician Assistance and Quality Initiative
Fund (in this subsection referred to as the `Fund') which shall
be available to the Secretary for physician payment and quality
improvement initiatives, which may include application of an
adjustment to the update of the conversion factor under
subsection (d).
``(2) Funding.--
``(A) Amount available.--There shall be available to
the Fund for expenditures an amount equal to
$1,350,000,000.
``(B) Timely obligation of all available funds for
services furnished during 2008.--The Secretary shall
provide for expenditures from the Fund in a manner
designed to provide (to the maximum extent feasible) for
the obligation of the entire amount specified in
subparagraph (A) for payment with respect to physicians'
services furnished during 2008.
``(C) Payment from trust fund.--The amount specified
in subparagraph (A) shall be available to the Fund, as
expenditures are made from the Fund, from the Federal
Supplementary Medical Insurance Trust Fund under section
1841.
``(D) Funding limitation.--Amounts in the Fund shall
be available in advance of appropriations in accordance
with subparagraph (B) but only if the total amount
obligated from the Fund does not exceed the amount
available to the Fund under subparagraph (A). The
Secretary may obligate funds from the Fund only if the
Secretary determines (and the Chief Actuary of the
Centers for Medicare & Medicaid Services and the
appropriate budget officer certify) that there are
available in the Fund sufficient amounts to cover all
such obligations incurred consistent with the previous
sentence.
``(E) Construction.--In the case that expenditures
from the Fund are applied to, or otherwise affect, a
conversion factor under subsection (d) for a year, the
conversion factor under such subsection shall be
computed for a subsequent year as if such application or
effect had never occurred.''.
(e) Implementation.--For purposes of implementing the provisions of,
and amendments made by, this section, the Secretary of Health and Human
Services shall provide for the transfer, from
[[Page 2981]]
120 STAT. 2981
the Federal Supplementary Medical Insurance Trust Fund established under
section 1841 of the Social Security Act (42 U.S.C. 1395t), of
$60,000,000 to the Centers for Medicare & Medicaid Services Program
Management Account for the period of fiscal years 2007, 2008, and 2009.
SEC. 102. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC ADJUSTMENT.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``before January 1, 2007'' and
inserting ``before January 1, 2008''.
SEC. 103. UPDATE TO THE COMPOSITE RATE COMPONENT OF THE BASIC CASE-MIX
ADJUSTED PROSPECTIVE PAYMENT SYSTEM FOR DIALYSIS SERVICES.
(a) In General.--Section 1881(b)(12)(G) of the Social Security Act
(42 U.S.C. 1395rr(b)(12)(G)) is amended to read as follows:
``(G) The Secretary shall increase the amount of the composite rate
component of the basic case-mix adjusted system under subparagraph (B)
for dialysis services--
``(i) furnished on or after January 1, 2006, and before
April 1, 2007, by 1.6 percent above the amount of such composite
rate component for such services furnished on December 31, 2005;
and
``(ii) furnished on or after April 1, 2007, by 1.6 percent
above the amount of such composite rate component for such
services furnished on March 31, 2007.''.
(b) GAO Report NOTE: Deadline. on Home Dialysis Payment.--Not
later than January 1, 2009, the Comptroller General of the United States
shall submit to Congress a report on the costs for home hemodialysis
treatment and patient training for both home hemodialysis and peritoneal
dialysis. Such report shall also include recommendations for a payment
methodology for payment under section 1881 of the Social Security Act
(42 U.S.C. 1395rr) that measures, and is based on, the costs of
providing such services and takes into account the case mix of patients.
SEC. 104. EXTENSION OF TREATMENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES
UNDER MEDICARE.
Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by section
1(a)(6) of Public Law 106-554), as amended by section 732 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173), NOTE: 42 USC 1395w-4 note. is amended by
striking ``and 2006'' and inserting ``, 2006, and 2007''.
SEC. 105. NOTE: 42 USC 1395l note. EXTENSION OF MEDICARE REASONABLE
COSTS PAYMENTS FOR CERTAIN CLINICAL DIAGNOSTIC LABORATORY
TESTS FURNISHED TO HOSPITAL PATIENTS IN CERTAIN RURAL AREAS.
Effective as if included in the enactment of section 416 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(42 U.S.C. 1395l-4), NOTE: 42 USC 1395l note. subsection (b) of such
section is amended by striking ``2-year period'' and inserting ``3-year
period''.
[[Page 2982]]
120 STAT. 2982
SEC. 106. HOSPITAL MEDICARE REPORTS AND CLARIFICATIONS.
(a) Correction NOTE: 42 USC 1395 note. of Mid-Year
Reclassification Expiration.--Notwithstanding any other provision of
law, in the case of a subsection (d) hospital (as defined for purposes
of section 1886 of the Social Security Act (42 U.S.C. 1395ww)) with
respect to which a reclassification of its wage index for purposes of
such section would (but for this subsection) expire on March 31, 2007,
such reclassification of such hospital shall be extended through
September 30, 2007. The previous sentence shall not be effected in a
budget-neutral manner.
(b) Revision of the Medicare Wage Index Classification System.--
(1) Medpac report.--
(A) In general.--The Medicare Payment Advisory
Commission shall submit to Congress, by not later than
June 30, 2007, a report on its study of the wage index
classification system applied under Medicare prospective
payment systems, including under section 1886(d)(3)(E)
of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)).
Such report shall include any alternatives the
Commission recommends to the method to compute the wage
index under such section.
(B) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there are appropriated to the
Medicare Payment Advisory Commission, $2,000,000 for
fiscal year 2007 to carry out this paragraph.
(2) Proposal to revise the hospital wage index
classification system.--The Secretary of Health and Human
Services, taking into account the recommendations described in
the report under paragraph (1), shall include in the proposed
rule published under section 1886(e)(5)(A) of the Social
Security Act (42 U.S.C. 1395ww(e)(5)(A)) for fiscal year 2009
one or more proposals to revise the wage index adjustment
applied under section 1886(d)(3)(E) of such Act (42 U.S.C.
1395ww(d)(3)(E)) for purposes of the Medicare prospective
payment system for inpatient hospital services. Such proposal
(or proposals) shall consider each of the following:
(A) Problems associated with the definition of labor
markets for purposes of such wage index adjustment.
(B) The modification or elimination of geographic
reclassifications and other adjustments.
(C) The use of Bureau of Labor Statistics data, or
other data or methodologies, to calculate relative wages
for each geographic area involved.
(D) Minimizing variations in wage index adjustments
between and within Metropolitan Statistical Areas and
Statewide rural areas.
(E) The feasibility of applying all components of
the proposal to other settings, including home health
agencies and skilled nursing facilities.
(F) Methods to minimize the volatility of wage index
adjustments, while maintaining the principle of budget
neutrality in applying such adjustments.
(G) The effect that the implementation of the
proposal would have on health care providers and on each
region of the country.
[[Page 2983]]
120 STAT. 2983
(H) Methods for implementing the proposal, including
methods to phase-in such implementation.
(I) Issues relating to occupational mix, such as
staffing practices and any evidence on the effect on
quality of care and patient safety and any
recommendations for alternative calculations.
(c) Elimination of Unnecessary Report.--Section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended--
(1) in subsection (d)(4)(C), by striking clause (iv); and
(2) in subsection (e), by striking paragraph (3).
SEC. 107. PAYMENT FOR BRACHYTHERAPY.
(a) Extension of Payment Rule.--Section 1833(t)(16)(C) of the Social
Security Act (42 U.S.C. 1395l(t)(16)(C)) is amended by striking
``January 1, 2007'' and inserting ``January 1, 2008''.
(b) Establishment of Separate Payment Groups.--
(1) In general.--Section 1833(t)(2)(H) of such Act (42
U.S.C. 1395l(t)(2)(H)) is amended by inserting ``and for
stranded and non-stranded devices furnished on or after July 1,
2007'' before the period at the end.
(2) Implementation.--The NOTE: 42 USC 1395l
note. Secretary of Health and Human Services may implement the
amendment made by paragraph (1) by program instruction or
otherwise.
SEC. 108. PAYMENT PROCESS UNDER THE COMPETITIVE ACQUISITION PROGRAM
(CAP).
(a) In General.--Section 1847B(a)(3) of the Social Security Act (42
U.S.C. 1395w-3b(a)(3)) is amended--
(1) in subparagraph (A)(iii), by striking ``and
biologicals'' and all that follows and inserting ``and
biologicals shall be made only to such contractor upon receipt
of a claim for a drug or biological supplied by the contractor
for administration to a beneficiary.''; and
(2) by adding at the end the following new subparagraph:
``(D) Post-payment review process.--The Secretary
shall establish (by program instruction or otherwise) a
post-payment review process (which may include the use
of statistical sampling) to assure that payment is made
for a drug or biological under this section only if the
drug or biological has been administered to a
beneficiary. The Secretary shall recoup, offset, or
collect any overpayments determined by the Secretary
under such process.''.
(b) Construction.--Nothing NOTE: 42 USC 1395w-3b note. in this
section shall be construed as--
(1) requiring the conduct of any additional competition
under subsection (b)(1) of section 1847B of the Social Security
Act (42 U.S.C. 1395w-3b); or
(2) requiring any additional process for elections by
physicians under subsection (a)(1)(A)(ii) of such section or
additional selection by a selecting physician of a contractor
under subsection (a)(5) of such section.
(c) Effective NOTE: 42 USC 1395w-3b note. Date.--The amendments
made by subsection (a) shall apply to payment for drugs and biologicals
supplied under section 1847B of the Social Security Act (42 U.S.C.
1395w-3b)--
(1) on or after April 1, 2007; and
(2) on or after July 1, 2006, and before April 1, 2007, for
claims that are unpaid as of April 1, 2007.
[[Page 2984]]
120 STAT. 2984
SEC. 109. QUALITY REPORTING FOR HOSPITAL OUTPATIENT SERVICES AND
AMBULATORY SURGICAL CENTER SERVICES.
(a) Outpatient Hospital Services.--
(1) In general.--Section 1833(t) of the Social Security Act
(42 U.S.C. 1395l(t)) is amended--
(A) in paragraph (3)(C)(iv), by inserting ``subject
to paragraph (17),'' after ``For purposes of this
subparagraph,''; and
(B) by adding at the end the following new
paragraph:
``(17) Quality reporting.--
``(A) Reduction in update for failure to report.--
``(i) In general.--For purposes of paragraph
(3)(C)(iv) for 2009 and each subsequent year, in
the case of a subsection (d) hospital (as defined
in section 1886(d)(1)(B)) that does not submit, to
the Secretary in accordance with this paragraph,
data required to be submitted on measures selected
under this paragraph with respect to such a year,
the OPD fee schedule increase factor under
paragraph (3)(C)(iv) for such year shall be
reduced by 2.0 percentage points.
``(ii) Non-cumulative application.--A
reduction under this subparagraph shall apply only
with respect to the year involved and the
Secretary shall not take into account such
reduction in computing the OPD fee schedule
increase factor for a subsequent year.
``(B) Form and manner of submission.--Each
subsection (d) hospital shall submit data on measures
selected under this paragraph to the Secretary in a form
and manner, and at a time, specified by the Secretary
for purposes of this paragraph.
``(C) Development of outpatient measures.--
``(i) In general.--The Secretary shall develop
measures that the Secretary determines to be
appropriate for the measurement of the quality of
care (including medication errors) furnished by
hospitals in outpatient settings and that reflect
consensus among affected parties and, to the
extent feasible and practicable, shall include
measures set forth by one or more national
consensus building entities.
``(ii) Construction.--Nothing in this
paragraph shall be construed as preventing the
Secretary from selecting measures that are the
same as (or a subset of) the measures for which
data are required to be submitted under section
1886(b)(3)(B)(viii).
``(D) Replacement of measures.--For purposes of this
paragraph, the Secretary may replace any measures or
indicators in appropriate cases, such as where all
hospitals are effectively in compliance or the measures
or indicators have been subsequently shown not to
represent the best clinical practice.
``(E) Availability of data.--The Secretary shall
establish procedures for making data submitted under
this paragraph available to the public. Such procedures
shall ensure that a hospital has the opportunity to
review the data that are to be made public with respect
to the hospital prior to such data being made public.
The Secretary shall report quality measures of process,
structure, outcome,
[[Page 2985]]
120 STAT. 2985
patients' perspectives on care, efficiency, and costs of
care that relate to services furnished in outpatient
settings in hospitals on the Internet website of the
Centers for Medicare & Medicaid Services.''.
(2) Conforming amendment.--Section 1886(b)(3)(B)(viii)(III)
of such Act (42 U.S.C. 1395ww(b)(3)(B)(viii)(III)) is amended by
inserting ``(including medication errors)'' after ``quality of
care''.
(b) Application to Ambulatory Surgical Centers.--Section 1833(i) of
such Act (42 U.S.C. 1935l(i)) is amended--
(1) in paragraph (2)(D), by redesignating clause (iv) as
clause (v) and by inserting after clause (iii) the following new
clause:
``(iv) The Secretary may implement such system in a manner so as to
provide for a reduction in any annual update for failure to report on
quality measures in accordance with paragraph (7).''; and
(2) by adding at the end the following new paragraph:
``(7)(A) For purposes of paragraph (2)(D)(iv), the Secretary may
provide, in the case of an ambulatory surgical center that does not
submit, to the Secretary in accordance with this paragraph, data
required to be submitted on measures selected under this paragraph with
respect to a year, any annual increase provided under the system
established under paragraph (2)(D) for such year shall be reduced by 2.0
percentage points. A reduction under this subparagraph shall apply only
with respect to the year involved and the Secretary shall not take into
account such reduction in computing any annual increase factor for a
subsequent year.
``(B) Except as the Secretary may otherwise provide, the provisions
of subparagraphs (B), (C), (D), and (E) of paragraph (17) of section
1833(t) shall apply with respect to services of ambulatory surgical
centers under this paragraph in a similar manner to the manner in which
they apply under such paragraph and, for purposes of this subparagraph,
any reference to a hospital, outpatient setting, or outpatient hospital
services is deemed a reference to an ambulatory surgical center, the
setting of such a center, or services of such a center, respectively.''.
(c) NOTE: 42 USC 1395l note. Effective Date.--The amendments
made by this section shall apply to payment for services furnished on or
after January 1, 2009.
SEC. 110. REPORTING OF ANEMIA QUALITY INDICATORS FOR MEDICARE PART B
CANCER ANTI-ANEMIA DRUGS.
(a) In General.--Section 1842 of the Social Security Act (42 U.S.C.
1395u) is amended by adding at the end the following new subsection:
``(u) Each request for payment, or bill submitted, for a drug
furnished to an individual for the treatment of anemia in connection
with the treatment of cancer shall include (in a form and manner
specified by the Secretary) information on the hemoglobin or hematocrit
levels for the individual.''.
(b) NOTE: 42 USC 1395u note. Applicability. Effective Date.--The
amendment made by subsection (a) shall apply to drugs furnished on or
after January 1, 2008. The Secretary of Health and Human Services shall
address the implementation of such amendment in the rulemaking process
under section 1848 of the Social Security Act (42 U.S.C. 1395w-
[[Page 2986]]
120 STAT. 2986
4) for payment for physicians' services for 2008, consistent with the
previous sentence.
SEC. 111. CLARIFICATION OF HOSPICE SATELLITE DESIGNATION.
Notwithstanding any other provision of law, for purposes of
calculating the hospice aggregate payment cap for 2004, 2005, and 2006
for a hospice program under section 1814(i)(2)(A) of the Social Security
Act (42 U.S.C. 1395f(i)(2)(A)) for hospice care provided on or after
November 1, 2003, and before December 27, 2005, Medicare provider number
29-1511 is deemed to be a multiple location of Medicare provider number
29-1500.
TITLE II--MEDICARE BENEFICIARY PROTECTIONS
SEC. 201. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE THERAPY CAPS.
Section 1833(g)(5) of the Social Security Act (42 U.S.C.
1395l(g)(5)) is amended by striking ``2006'' and inserting ``the period
beginning on January 1, 2006, and ending on December 31, 2007,''.
SEC. 202. PAYMENT FOR ADMINISTRATION OF PART D VACCINES.
(a) NOTE: 42 USC 1395w-102 note. Transition for 2007.--
Notwithstanding any other provision of law, in the case of a vaccine
that is a covered part D drug under section 1860D-2(e) of the Social
Security Act (42 U.S.C. 1395w-102(e)) and that is administered during
2007, the administration of such vaccine shall be paid under part B of
title XVIII of such Act as if it were the administration of a vaccine
described in section 1861(s)(10)(B) of such Act (42 U.S.C.
1395w(s)(10)(B)).
(b) Administration Included in Coverage of Covered Part D Drugs
Beginning in 2008.--Section 1860D-2(e)(1) of the Social Security Act (42
U.S.C. 1395w-102(e)(1)) is amended, in the matter following subparagraph
(B), by inserting ``(and, for vaccines administered on or after January
1, 2008, its administration)'' after ``Public Health Service Act''.
SEC. 203. OIG STUDY OF NEVER EVENTS.
(a) Study.--
(1) In general.--The Inspector General in the Department of
Health and Human Services shall conduct a study on--
(A) incidences of never events for Medicare
beneficiaries, including types of such events and
payments by any party for such events;
(B) the extent to which the Medicare program paid,
denied payment, or recouped payment for services
furnished in connection with such events and the extent
to which beneficiaries paid for such services; and
(C) the administrative processes of the Centers for
Medicare & Medicaid Services to detect such events and
to deny or recoup payments for services furnished in
connection with such an event.
(2) Conduct of study.--In conducting the study under
paragraph (1), the Inspector General--
(A) shall audit a representative sample of claims
and medical records of Medicare beneficiaries to
identify never
[[Page 2987]]
120 STAT. 2987
events and any payment (or recoupment) for services
furnished in connection with such events;
(B) may request access to such claims and records
from any Medicare contractor; and
(C) shall not release individually identifiable
information or facility-specific information.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Inspector General shall submit a report to Congress on
the study conducted under this section. Such report shall include
recommendations for such legislation and administrative action, such as
a noncoverage policy or denial of payments, as the Inspector General
determines appropriate, including--
(1) recommendations on processes to identify never events
and to deny or recoup payments for services furnished in
connection with such events; and
(2) a recommendation on a potential process (or processes)
for public disclosure of never events which--
(A) will ensure protection of patient privacy; and
(B) will permit the use of the disclosed information
for a root cause analysis to inform the public and the
medical community about safety issues involved.
(c) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Inspector General of the
Department of Health and Human Services $3,000,000 to carry out this
section, to be available until January 1, 2010.
(d) Never Events Defined.--For purposes of this section, the term
``never event'' means an event that is listed and endorsed as a serious
reportable event by the National Quality Forum as of November 16, 2006.
SEC. 204. NOTE: 42 USC 1395b-1 note. MEDICARE MEDICAL HOME
DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall establish under title
XVIII of the Social Security Act a medical home demonstration project
(in this section referred to as the ``project'') to redesign the health
care delivery system to provide targeted, accessible, continuous and
coordinated, family-centered care to high-need populations and under
which--
(1) care management fees are paid to persons performing
services as personal physicians; and
(2) incentive payments are paid to physicians participating
in practices that provide services as a medical home under
subsection (d).
For purposes of this subsection, the term ``high-need population'' means
individuals with multiple chronic illnesses that require regular medical
monitoring, advising, or treatment.
(b) Details.--
(1) Duration; scope.--The project shall operate during a
period of three years and shall include urban, rural, and
underserved areas in a total of no more than 8 States.
(2) Encouraging participation of small physician
practices.--The project shall be designed to include the
participation of physicians in practices with fewer than three
full-time equivalent physicians, as well as physicians in larger
practices particularly in rural and underserved areas.
(c) Personal Physician Defined.--
[[Page 2988]]
120 STAT. 2988
(1) In general.--For purposes of this section, the term
``personal physician'' means a physician (as defined in section
1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1))
who--
(A) meets the requirements described in paragraph
(2); and
(B) performs the services described in paragraph
(3).
Nothing in this paragraph shall be construed as preventing such
a physician from being a specialist or subspecialist for an
individual requiring ongoing care for a specific chronic
condition or multiple chronic conditions (such as severe asthma,
complex diabetes, cardiovascular disease, rheumatologic
disorder) or for an individual with a prolonged illness.
(2) Requirements.--The requirements described in this
paragraph for a personal physician are as follows:
(A) The physician is a board certified physician who
provides first contact and continuous care for
individuals under the physician's care.
(B) The physician has the staff and resources to
manage the comprehensive and coordinated health care of
each such individual.
(3) Services performed.--A personal physician shall perform
or provide for the performance of at least the following
services:
(A) Advocates for and provides ongoing support,
oversight, and guidance to implement a plan of care that
provides an integrated, coherent, cross-discipline plan
for ongoing medical care developed in partnership with
patients and including all other physicians furnishing
care to the patient involved and other appropriate
medical personnel or agencies (such as home health
agencies).
(B) Uses evidence-based medicine and clinical
decision support tools to guide decision-making at the
point-of-care based on patient-specific factors.
(C) Uses health information technology, that may
include remote monitoring and patient registries, to
monitor and track the health status of patients and to
provide patients with enhanced and convenient access to
health care services.
(D) Encourages patients to engage in the management
of their own health through education and support
systems.
(d) Medical Home Defined.--For purposes of this section, the term
``medical home'' means a physician practice that--
(1) is in charge of targeting beneficiaries for
participation in the project; and
(2) is responsible for--
(A) providing safe and secure technology to promote
patient access to personal health information;
(B) developing a health assessment tool for the
individuals targeted; and
(C) providing training programs for personnel
involved in the coordination of care.
(e) Payment Mechanisms.--
(1) Personal physician care management fee.--Under the
project, the Secretary shall provide for payment under section
1848 of the Social Security Act (42 U.S.C. 1395w-4) of a care
management fee to personal physicians providing
[[Page 2989]]
120 STAT. 2989
care management under the project. Under such section and using
the relative value scale update committee (RUC) process under
such section, the Secretary shall develop a care management fee
code for such payments and a value for such code.
(2) Medical home sharing in savings.--The Secretary shall
provide for payment under the project of a medical home based on
the payment methodology applied to physician group practices
under section 1866A of the Social Security Act (42 U.S.C.
1395cc-1). Under such methodology, 80 percent of the reductions
in expenditures under title XVIII of the Social Security Act
resulting from participation of individuals that are
attributable to the medical home (as reduced by the total care
managements fees paid to the medical home under the project)
shall be paid to the medical home. The amount of such reductions
in expenditures shall be determined by using assumptions with
respect to reductions in the occurrence of health complications,
hospitalization rates, medical errors, and adverse drug
reactions.
(3) Source.--Payments paid under the project shall be made
from the Federal Supplementary Medical Insurance Trust Fund
under section 1841 of the Social Security Act (42 U.S.C. 1395t).
(f) Evaluations and Reports.--
(1) Annual interim evaluations and reports.--For each year
of the project, the Secretary shall provide for an evaluation of
the project and shall submit to Congress, by a date specified by
the Secretary, a report on the project and on the evaluation of
the project for each such year.
(2) Final evaluation and report.--The Secretary shall
provide for an evaluation of the project and shall submit to
Congress, not later than one year after completion of the
project, a report on the project and on the evaluation of the
project.
SEC. 205. MEDICARE DRA TECHNICAL CORRECTIONS.
(a) PACE Clarification.--Paragraph (7) of section 5302(c) of the
Deficit Reduction Act of 2005 (42 U.S.C. 1395eee note) is amended to
read as follows:
``(7) Appropriation.--
``(A) In general.--Out of funds in the Treasury not
otherwise appropriated, there are appropriated to the
Secretary $10,000,000 to carry out this subsection for
the period of fiscal years 2006 through 2010.
``(B) Availability.--Funds appropriated under
subparagraph (A) shall remain available for obligation
through fiscal year 2010.''.
(b) Miscellaneous Technical Corrections.--
(1) Correction of margin (section 5001).--Section
1886(b)(3)(B) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)), as amended by section 5001(a) of the Deficit
Reduction Act of 2005 (Public Law 109-171), is amended by moving
clause (viii) (including subclauses (I) through (VII) of such
clause) 6 ems to the left.
(2) Reference correction (section 5114).--Section 5114(a)(2)
of the Deficit Reduction Act of 2005 (Public Law 109-171), in
the matter preceding NOTE: 42 USC 1395u. subparagraph (A),
is amended by striking ``1842(b)(6)(F) of such Act (42 U.S.C.
[[Page 2990]]
120 STAT. 2990
1395u(b)(6)(F))'' and inserting ``1842(b)(6) of such NOTE: 42
USC 1395u note. Act (42 U.S.C. 1395u(b)(6))''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Deficit Reduction Act of
2005 NOTE: Ante, p. 4. (Public Law 109-171).
SEC. 206. LIMITED CONTINUOUS OPEN ENROLLMENT OF ORIGINAL MEDICARE FEE-
FOR-SERVICE ENROLLEES INTO MEDICARE ADVANTAGE NON-
PRESCRIPTION DRUG PLANS.
(a) In General.--Section 1851(e)(2) of the Social Security Act (42
U.S.C. 1395w-21(e)(2)) is amended by adding at the end the following new
subparagraph:
``(E) Limited continuous open enrollment of original
fee-for-service enrollees in medicare advantage non-
prescription drug plans.--
``(i) In general.--On any date during 2007 or
2008 on which a Medicare Advantage eligible
individual is an unenrolled fee-for-service
individual (as defined in clause (ii)), the
individual may elect under subsection (a)(1) to
enroll in a Medicare Advantage plan that is not an
MA-PD plan.
``(ii) Unenrolled fee-for-service individual
defined.--In this subparagraph, the term
`unenrolled fee-for-service individual' means,
with respect to a date, a Medicare Advantage
eligible individual who--
``(I) is receiving benefits under
this title through enrollment in the
original medicare fee-for-service
program under parts A and B;
``(II) is not enrolled in an MA plan
on such date; and
``(III) as of such date is not
otherwise eligible to elect to enroll in
an MA plan.
``(iii) Limitation of one change during
year.--An individual may exercise the right under
clause (i) only once during the year.
``(iv) No effect on coverage under a
prescription drug plan.--Nothing in this
subparagraph shall be construed as permitting an
individual exercising the right under clause (i)--
``(I) who is enrolled in a
prescription drug plan under part D, to
disenroll from such plan or to enroll in
a different prescription drug plan; or
``(II) who is not enrolled in a
prescription drug plan, to enroll in
such a plan.''.
(b) Conforming Amendment.--Section 1860D-1(b)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by
striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs
(B), (C), and (E)''.
TITLE III--MEDICARE PROGRAM INTEGRITY EFFORTS
SEC. 301. OFFSETTING ADJUSTMENT IN MEDICARE ADVANTAGE STABILIZATION
FUND.
Section 1858(e)(2)(A)(i) of the Social Security Act (42 U.S.C.
1395w-27a(e)(2)(A)(i)) is amended by striking ``2007,'' and
[[Page 2991]]
120 STAT. 2991
``$10,000,000,000'' and inserting ``2012,'' and ``$3,500,000,000'',
respectively.
SEC. 302. EXTENSION AND EXPANSION OF RECOVERY AUDIT CONTRACTOR PROGRAM
UNDER THE MEDICARE INTEGRITY PROGRAM.
(a) In General.--Section 1893 of the Social Security Act (42 U.S.C.
1395ddd) is amended by adding at the end the following new subsection:
``(h) Use of Recovery Audit Contractors.--
``(1) In general.--Under the Program, the Secretary shall
enter into contracts with recovery audit contractors in
accordance with this subsection for the purpose of identifying
underpayments and overpayments and recouping overpayments under
this title with respect to all services for which payment is
made under part A or B. Under the contracts--
``(A) payment shall be made to such a contractor
only from amounts recovered;
``(B) from such amounts recovered, payment--
``(i) shall be made on a contingent basis for
collecting overpayments; and
``(ii) may be made in such amounts as the
Secretary may specify for identifying
underpayments; and
``(C) the Secretary shall retain a portion of the
amounts recovered which shall be available to the
program management account of the Centers for Medicare &
Medicaid Services for purposes of activities conducted
under the recovery audit program under this subsection.
``(2) Disposition of remaining recoveries.--The amounts
recovered under such contracts that are not paid to the
contractor under paragraph (1) or retained by the Secretary
under paragraph (1)(C) shall be applied to reduce expenditures
under parts A and B.
``(3) Nationwide coverage.--The Secretary shall enter into
contracts under paragraph (1) in a manner so as to provide for
activities in all States under such a contract by not later than
January 1, 2010.
``(4) Audit and recovery periods.--Each such contract shall
provide that audit and recovery activities may be conducted
during a fiscal year with respect to payments made under part A
or B--
``(A) during such fiscal year; and
``(B) retrospectively (for a period of not more than
4 fiscal years prior to such fiscal year).
``(5) Waiver.--The Secretary shall waive such provisions of
this title as may be necessary to provide for payment of
recovery audit contractors under this subsection in accordance
with paragraph (1).
``(6) Qualifications of contractors.--
``(A) In general.--The Secretary may not enter into
a contract under paragraph (1) with a recovery audit
contractor unless the contractor has staff that has the
appropriate clinical knowledge of, and experience with,
the payment rules and regulations under this title or
the contractor has, or will contract with, another
entity that has such knowledgeable and experienced
staff.
[[Page 2992]]
120 STAT. 2992
``(B) Ineligibility of certain contractors.--The
Secretary may not enter into a contract under paragraph
(1) with a recovery audit contractor to the extent the
contractor is a fiscal intermediary under section 1816,
a carrier under section 1842, or a medicare
administrative contractor under section 1874A.
``(C) Preference for entities with demonstrated
proficiency.--In awarding contracts to recovery audit
contractors under paragraph (1), the Secretary shall
give preference to those risk entities that the
Secretary determines have demonstrated more than 3 years
direct management experience and a proficiency for cost
control or recovery audits with private insurers, health
care providers, health plans, under the Medicaid program
under title XIX, or under this title.
``(7) Construction relating to conduct of investigation of
fraud.--A recovery of an overpayment to a individual or entity
by a recovery audit contractor under this subsection shall not
be construed to prohibit the Secretary or the Attorney General
from investigating and prosecuting, if appropriate, allegations
of fraud or abuse arising from such overpayment.
``(8) Annual report.--The Secretary shall annually submit to
Congress a report on the use of recovery audit contractors under
this subsection. Each such report shall include information on
the performance of such contractors in identifying underpayments
and overpayments and recouping overpayments, including an
evaluation of the comparative performance of such contractors
and savings to the program under this title.''.
(b) NOTE: 42 USC 1395ddd note. Access to Coordination of
Benefits Contractor Database.--The Secretary of Health and Human
Services shall provide for access by recovery audit contractors
conducting audit and recovery activities under section 1893(h) of the
Social Security Act, as added by subsection (a), to the database of the
Coordination of Benefits Contractor of the Centers for Medicare &
Medicaid Services with respect to the audit and recovery periods
described in paragraph (4) of such section 1893(h).
(c) Conforming Amendments to Current Demonstration Project.--Section
306 of the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108-173; 117 Stat. 2256) is amended--
(1) in subsection (b)(2), by striking ``last for not longer
than 3 years'' and inserting ``continue until contracts are
entered into under section 1893(h) of the Social Security Act'';
and
(2) by striking subsection (f).
SEC. 303. FUNDING FOR THE HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT.
(a) Departments of Health and Human Services and Justice.--
(1) In general.--Section 1817(k)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1395i(k)(3)(A)(i)) is amended--
(A) in the matter preceding subclause (I), by
inserting ``until expended'' after ``without further
appropriation'';
(B) in subclause (II), by striking ``and'' at the
end;
(C) in subclause (III)--
[[Page 2993]]
120 STAT. 2993
(i) by striking ``for each fiscal year after
fiscal year 2003'' and inserting ``for each of
fiscal years 2004, 2005, and 2006''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following new
subclauses:
``(IV) for each of fiscal years
2007, 2008, 2009, and 2010, the limit
under this clause for the preceding
fiscal year, increased by the percentage
increase in the consumer price index for
all urban consumers (all items; United
States city average) over the previous
year; and
``(V) for each fiscal year after
fiscal year 2010, the limit under this
clause for fiscal year 2010.''.
(2) Office of the inspector general of the department of
health and human services.--Section 1817(k)(3)(A)(ii) of such
Act (42 U.S.C. 1395i(k)(3)(A)(ii)) is amended--
(A) in subclause (VI), by striking ``and'' at the
end;
(B) in subclause (VII)--
(i) by striking ``for each fiscal year after
fiscal year 2002'' and inserting ``for each of
fiscal years 2003, 2004, 2005, and 2006''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new
subclauses:
``(VIII) for fiscal year 2007, not
less than $160,000,000, increased by the
percentage increase in the consumer
price index for all urban consumers (all
items; United States city average) over
the previous year;
``(IX) for each of fiscal years
2008, 2009, and 2010, not less than the
amount required under this clause for
the preceding fiscal year, increased by
the percentage increase in the consumer
price index for all urban consumers (all
items; United States city average) over
the previous year; and
``(X) for each fiscal year after
fiscal year 2010, not less than the
amount required under this clause for
fiscal year 2010.''.
(b) Federal Bureau of Investigation.--Section 1817(k)(3)(B) of the
Social Security Act (42 U.S.C. 1395i(k)(3)(B)) is amended--
(1) in the matter preceding clause (i), by inserting ``until
expended'' after ``without further appropriation'';
(2) in clause (vi), by striking ``and'' at the end;
(3) in clause (vii)--
(A) by striking ``for each fiscal year after fiscal
year 2002'' and inserting ``for each of fiscal years
2003, 2004, 2005, and 2006''; and
(B) by striking the period at the end and inserting
a semicolon; and
(4) by adding at the end the following new clauses:
``(viii) for each of fiscal years 2007, 2008,
2009, and 2010, the amount to be appropriated
under this subparagraph for the preceding fiscal
year, increased by the percentage increase in the
consumer price index for all urban consumers (all
items; United States city average) over the
previous year; and
[[Page 2994]]
120 STAT. 2994
``(ix) for each fiscal year after fiscal year
2010, the amount to be appropriated under this
subparagraph for fiscal year 2010.''.
SEC. 304. IMPLEMENTATION FUNDING.
For purposes of implementing the provisions of, and amendments made
by, this title and titles I and II of this division, other than section
203, the Secretary of Health and Human Services shall provide for the
transfer, in appropriate part from the Federal Hospital Insurance Trust
Fund established under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund
established under section 1841 of such Act (42 U.S.C. 1395t), of
$45,000,000 to the Centers for Medicare & Medicaid Services Program
Management Account for the period of fiscal years 2007 and 2008.
TITLE IV--MEDICAID AND OTHER HEALTH PROVISIONS
SEC. 401. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND
ABSTINENCE EDUCATION PROGRAM.
Activities NOTE: Appropriations. authorized by sections 510 and
1925 of the Social Security Act shall continue through June 30, 2007, in
the manner authorized for fiscal year 2006, notwithstanding section
1902(e)(1)(A) of such Act, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby appropriated
such sums as may be necessary for such purpose. Grants and payments may
be made pursuant to this authority through the third quarter of fiscal
year 2007 at the level provided for such activities through the third
quarter of fiscal year 2006.
SEC. 402. NOTE: 42 USC 300aa-2 note. GRANTS FOR RESEARCH ON VACCINE
AGAINST VALLEY FEVER.
(a) In General.--In supporting research on the development of
vaccines against human diseases, the Secretary of Health and Human
Services shall make grants for the purpose of conducting research toward
the development of a vaccine against coccidioidomycosis (commonly known
as Valley Fever).
(b) Sunset.--No grant may be made under subsection (a) on or after
October 1, 2012. The preceding sentence does not have any legal effect
on payments under grants for which amounts appropriated under subsection
(c) were obligated prior to such date.
(c) Authorization of Appropriations.--For the purpose of making
grants under subsection (a), there are authorized to be appropriated
$40,000,000 for the period of fiscal years 2007 through 2012.
SEC. 403. CHANGE IN THRESHOLD FOR MEDICAID INDIRECT HOLD HARMLESS
PROVISION OF BROAD-BASED HEALTH CARE TAXES.
Section 1903(w)(4)(C) of the Social Security Act (42 U.S.C.
1396b(w)(4)(C)) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following:
[[Page 2995]]
120 STAT. 2995
``(ii) For purposes of clause (i), a determination of the
existence of an indirect guarantee shall be made under paragraph
(3)(i) of section 433.68(f) of title 42, Code of Federal
Regulations, as in effect on November 1, 2006, except that for
portions of fiscal years beginning on or after January 1, 2008,
and before October 1, 2011, `5.5 percent' shall be substituted
for `6 percent' each place it appears.''.
SEC. 404. DSH ALLOTMENTS FOR FISCAL YEAR 2007 FOR TENNESSEE AND HAWAII.
Section 1923(f)(6) of the Social Security Act (42 U.S.C. 1396r-
4(f)(6)) is amended to read as follows:
``(6) Allotment adjustments for fiscal year 2007.--
``(A) Tennessee.--
``(i) In general.--Only with respect to fiscal
year 2007, the DSH allotment for Tennessee for
such fiscal year, notwithstanding the table set
forth in paragraph (2) or the terms of the
TennCare Demonstration Project in effect for the
State, shall be the greater of--
``(I) the amount that the Secretary
determines is equal to the Federal
medical assistance percentage component
attributable to disproportionate share
hospital payment adjustments for the
demonstration year ending in 2006 that
is reflected in the budget neutrality
provision of the TennCare Demonstration
Project; and
``(II) $280,000,000.
``(ii) Limitation on amount of payment
adjustments eligible for federal financial
participation.--Payment under section 1903(a)
shall not be made to Tennessee with respect to the
aggregate amount of any payment adjustments made
under this section for hospitals in the State for
fiscal year 2007 that is in excess of 30 percent
of the DSH allotment for the State for such fiscal
year determined pursuant to clause (i).
``(iii) State plan amendment.--The Secretary
shall permit Tennessee to submit an amendment to
its State plan under this title that describes the
methodology to be used by the State to identify
and make payments to disproportionate share
hospitals, including children's hospitals and
institutions for mental diseases or other mental
health facilities. The Secretary may not approve
such plan amendment unless the methodology
described in the amendment is consistent with the
requirements under this section for making payment
adjustments to disproportionate share hospitals.
For purposes of demonstrating budget neutrality
under the TennCare Demonstration Project, payment
adjustments made pursuant to a State plan
amendment approved in accordance with this
subparagraph shall be considered expenditures
under such project.
``(iv) Offset of federal share of payment
adjustments for fiscal year 2007 against essential
access hospital supplemental pool payments under
the tenncare demonstration project.--
[[Page 2996]]
120 STAT. 2996
``(I) The total amount of Essential
Access Hospital supplemental pool
payments that may be made under the
TennCare Demonstration Project for
fiscal year 2007 shall be reduced on a
dollar for dollar basis by the amount of
any payments made under section 1903(a)
to Tennessee with respect to payment
adjustments made under this section for
hospitals in the State for such fiscal
year.
``(II) The sum of the total amount
of payments made under section 1903(a)
to Tennessee with respect to payment
adjustments made under this section for
hospitals in the State for fiscal year
2007 and the total amount of Essential
Access Hospital supplemental pool
payments made under the TennCare
Demonstration Project for such fiscal
year shall not exceed the State's DSH
allotment for such fiscal year
established under clause (i).
``(B) Hawaii.--
``(i) In general.--Only with respect to fiscal
year 2007, the DSH allotment for Hawaii for such
fiscal year, notwithstanding the table set forth
in paragraph (2), shall be $10,000,000.
``(ii) State plan amendment.--The Secretary
shall permit Hawaii to submit an amendment to its
State plan under this title that describes the
methodology to be used by the State to identify
and make payments to disproportionate share
hospitals, including children's hospitals and
institutions for mental diseases or other mental
health facilities. The Secretary may not approve
such plan amendment unless the methodology
described in the amendment is consistent with the
requirements under this section for making payment
adjustments to disproportionate share
hospitals.''.
SEC. 405. CERTAIN MEDICAID DRA TECHNICAL CORRECTIONS.
(a) Technical Corrections Relating to State Option for Alternative
Premiums and Cost Sharing (Sections 6041 Through 6043).--
(1) Clarification of continued application of regular cost
sharing rules for individuals with family income not exceeding
100 percent of the poverty line.--Section 1916A of the Social
Security Act, as inserted by section 6041(a) of the Deficit
Reduction Act of 2005 and amended by sections 6042 and 6043 of
such Act, NOTE: 42 USC 1396o-1. is amended--
(A) in subsection (a)(1)--
(i) by inserting ``but subject to paragraph
(2),'' after ``1902(a)(10)(B),''; and
(ii) by inserting ``and non-emergency services
furnished in a hospital emergency department for
which cost sharing may be imposed under subsection
(e)'' after ``(c)'';
(B) by redesignating paragraph (2) of subsection (a)
as paragraph (3);
(C) in subsection (a), by inserting after paragraph
(1) the following:
[[Page 2997]]
120 STAT. 2997
``(2) Exemption for individuals with family income not
exceeding 100 percent of the poverty line.--
``(A) In general.--Paragraph (1) and subsection (d)
shall not apply, and sections 1916 and 1902(a)(10)(B)
shall continue to apply, in the case of an individual
whose family income does not exceed 100 percent of the
poverty line applicable to a family of the size
involved.
``(B) Limit on aggregate cost sharing.--To the
extent cost sharing under subsections (c) and (e) or
under section 1916 is imposed against individuals
described in subparagraph (A), the limitation under
subsection (b)(1)(B)(ii) on the total aggregate amount
of cost sharing shall apply to such cost sharing for all
individuals in a family described in subparagraph (A) in
the same manner as such limitations apply to cost
sharing and families described in subsection
(b)(1)(B)(ii).'';
(D) in subsections (c)(2)(C) and (e)(2)(C), by
inserting ``under subsection (a)(2)(B) or'' after ``cap
on cost sharing applied''; and
(E) in subsection (e)(2)(A), by inserting ``who is
not described in subparagraph (B)'' after ``subsection
(b)(1)''.
(2) Clarification of treatment of non-preferred drug and
non-emergency cost-sharing.--Such section is further amended--
(A) in subsections (b)(1) and (b)(2), by striking
``, subject to subsections (c)(2) and (e)(2)(A)'';
(B) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``least (or less) costly
effective'' and inserting ``most (or more) cost
effective'';
(C) in subsection (c)(1)(B), by striking ``otherwise
be imposed under'' and inserting ``be imposed under
subsection (a) due to the application of'';
(D) in subsection (c)(2)(B), by striking ``otherwise
not subject to cost sharing due to the application of
subsection (b)(3)(B)'' and inserting ``not subject to
cost sharing under subsection (a) due to the application
of paragraph (1)(B)'';
(E) in subsection (e)(2)(A)--
(i) by amending the heading to read as
follows: ``Individuals with family income between
100 and 150 percent of the poverty line.--''; and
(ii) by striking ``under subsection (b)(1)''
and inserting ``under subsection (b)(1)(B)(ii)'';
(F) in subsection (e)(2)(B), by striking ``who is
otherwise not subject to cost sharing under subsection
(b)(3)'' and inserting ``described in subsection
(a)(2)(A) or who is not subject to cost sharing under
subsection (b)(3)(B) with respect to non-emergency
services described in paragraph (1)''; and
(G) in subsection (e)(2)(C), by inserting ``or
section 1916'' after ``subsection (a)''.
(3) Clarification of cost sharing rules applicable to
disabled children provided medical assistance under the
eligibility category added by the family opportunity act.--Such
section is further amended--
(A) in subsection (a)(1), in the second sentence, by
striking ``section 1916(g)'' and inserting ``subsection
(g) or (i) of section 1916''; and
[[Page 2998]]
120 STAT. 2998
(B) in subsection (b)(3)--
(i) in subparagraph (A), by adding at the end
the following:
``(vi) Disabled children who are receiving
medical assistance by virtue of the application of
sections 1902(a)(10)(A)(ii)(XIX) and 1902(cc).'';
and
(ii) in subparagraph (B), by adding at the end
the following:
``(ix) Services furnished to disabled children
who are receiving medical assistance by virtue of
the application of sections
1902(a)(10)(A)(ii)(XIX) and 1902(cc).''.
(4) Correction of iv-b references.--Such section is further
amended in subsection (b)(3)--
(A) in subparagraph (A)(i), by striking ``aid or
assistance is made available under part B of title IV to
children in foster care'' and inserting ``child welfare
services are made available under part B of title IV on
the basis of being a child in foster care''; and
(B) in subparagraph (B)(i), by striking ``aid or
assistance is made available under part B of title IV to
children in foster care'' and inserting ``child welfare
services are made available under part B of title IV on
the basis of being a child in foster care or''.
(5) Non-emergency services.--Section 1916A(e)(4)(A) of the
Social Security Act, as added by section 6043(a) of the Deficit
Reduction Act of 2005, is amended by striking ``the physician
determines''.
(6) NOTE: 42 USC 1396o-1 note. Effective date.--The
amendments made by this subsection shall take effect as if
included in the amendments made by sections 6041(a) of the
Deficit Reduction Act of 2005, except that insofar as such
amendments are to, or relate to, subsection (c) or (e) of
section 1916A of the Social Security Act, such amendments shall
take effect as if included in the amendments made by section
6042 or 6043, respectively, of the Deficit Reduction Act of
2005.
(b) Clarifying Treatment of Certain Annuities (Section 6012).--
(1) In general.--Section 1917(c)(1)(F)(i) of the Social
Security Act (42 U.S.C. 1396p(c)(1)(F)(i)), as added by section
6012(b) of the Deficit Reduction Act of 2005, is amended by
striking ``annuitant'' and inserting ``institutionalized
individual''.
(2) NOTE: 42 USC 1396p note. Effective date.--The
amendment made by paragraph (1) shall be effective as if
included in the enactment of section 6012 of the Deficit
Reduction Act of 2005.
(c) Additional Miscellaneous Technical Corrections.--
(1) NOTE: 42 USC 1396b note. Documentation (section
6036).--
(A) In general.--Effective as if included in the
amendment made by section 6036(a)(2) of the Deficit
Reduction Act of 2005, section 1903(x) of the Social
Security Act (42 U.S.C. 1396b(x)), as inserted by such
section 6036(a)(2), is amended--
(i) in paragraph (1), by striking ``(i)(23)''
and inserting ``(i)(22)'';
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``alien''
and inserting ``individual
[[Page 2999]]
120 STAT. 2999
declaring to be a citizen or national of
the United States'';
(II) by striking subparagraph (B)
and inserting the following:
``(B) and is receiving--
``(i) disability insurance benefits under
section 223 or monthly insurance benefits under
section 202 based on such individual's disability
(as defined in section 223(d)); or
``(ii) supplemental security income benefits
under title XVI;'';
(III) in subparagraph (C)--
(aa) by striking ``other'';
and
(bb) by striking ``had'' and
inserting ``has'';
(IV) by redesignating subparagraph
(C) as subparagraph (D); and
(V) by inserting after subparagraph
(B) the following new subparagraph:
``(C) and with respect to whom--
``(i) child welfare services are made
available under part B of title IV on the basis of
being a child in foster care; or
``(ii) adoption or foster care assistance is
made available under part E of title IV; or''; and
(iii) in paragraph (3)(C)(iii), by striking
``I-97'' and inserting ``I-197''.
(B) Assurance of state foster care agency
verification of citizenship or legal status.--
(i) State plan amendment.--Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)) is
amended--
(I) in paragraph (25), by striking
``and'' at the end;
(II) in paragraph (26)(C), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(27) provides that, with respect to any child in foster
care under the responsibility of the State under this part or
part B and without regard to whether foster care maintenance
payments are made under section 472 on behalf of the child, the
State has in effect procedures for verifying the citizenship or
immigration status of the child.''.
(ii) Inclusion in reviews of child and family
services programs.--Section 1123A(b)(2) of the
Social Security Act (42 U.S.C. 1320a-2a(b)(2)) is
amended by inserting ``(which shall include
determining whether the State program is in
conformity with the requirement of section
471(a)(27))'' after ``review''.
(iii) NOTE: 42 USC 671 note. Effective
date.--The amendments made by this subparagraph
shall take effect on the date that is 6 months
after the date of the enactment of this Act.
(2) NOTE: 42 USC 1395u note. Miscellaneous technical
corrections.--
(A) Effective as if included in the enactment of the
Deficit Reduction Act of 2005 (Public Law 109-171), the
following sections of such Act are amended as follows:
(i) Section 5114(a)(2) is amended by striking
``section 1842(b)(6)(F) of such Act (42 U.S.C.
[[Page 3000]]
120 STAT. 3000
1395u(b)(6)(F))'' and inserting ``section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6))''.
(ii) Section 6003(b)(2) NOTE: Ante, p.
60. is amended, by striking ``subsection (k)''
and inserting ``subsection (k)(1)''.
(iii) Sections 6031(b), 6032(b), and
6035(c) NOTE: Ante, p. 72. are each amended by
striking ``section 6035(e)'' and inserting
``section 6034(e)''.
(iv) Section 6034(b) NOTE: Ante, p. 74. is
amended by striking ``section 6033(a)'' and
inserting ``section 6032(a)''.
(v) Section 6036 NOTE: Ante, p. 80. is
amended--
(I) in subsection (b), by striking
``section 1903(z)'' and inserting
``section 1903(x)''; and
(II) in subsection (c), by striking
``(i)(23)'' and inserting ``(i)(22)''.
(B) NOTE: 42 USC 1396r note. Effective as if
included in the amendment made by section 6015(a)(1) of
the Deficit Reduction Act of 2005, section
1919(c)(5)(A)(i)(II) of the Social Security Act (42
U.S.C. 1396r(c)(5)(A)(i)(II)) is amended by striking
``clause (v)'' and inserting ``subparagraph (B)(v)''.
DIVISION C--OTHER PROVISIONS
TITLE NOTE: Gulf of Mexico Energy Security Act of 2006. I--GULF OF
MEXICO ENERGY SECURITY
SEC. 101. NOTE: 43 USC 1331 note. SHORT TITLE.
This title may be cited as the ``Gulf of Mexico Energy Security Act
of 2006''.
SEC. 102. NOTE: 43 USC 1331 note. DEFINITIONS.
In this title:
(1) 181 area.--The term ``181 Area'' means the area
identified in map 15, page 58, of the Proposed Final Outer
Continental Shelf Oil and Gas Leasing Program for 1997-2002,
dated August 1996, of the Minerals Management Service, available
in the Office of the Director of the Minerals Management
Service, excluding the area offered in OCS Lease Sale 181, held
on December 5, 2001.
(2) 181 south area.--The term ``181 South Area'' means any
area--
(A) located--
(i) south of the 181 Area;
(ii) west of the Military Mission Line; and
(iii) in the Central Planning Area;
(B) excluded from the Proposed Final Outer
Continental Shelf Oil and Gas Leasing Program for 1997-
2002, dated August 1996, of the Minerals Management
Service; and
(C) included in the areas considered for oil and gas
leasing, as identified in map 8, page 37 of the document
entitled ``Draft Proposed Program Outer Continental
Shelf Oil and Gas Leasing Program 2007-2012'', dated
February 2006.
[[Page 3001]]
120 STAT. 3001
(3) Bonus or royalty credit.--The term ``bonus or royalty
credit'' means a legal instrument or other written
documentation, or an entry in an account managed by the
Secretary, that may be used in lieu of any other monetary
payment for--
(A) a bonus bid for a lease on the outer Continental
Shelf; or
(B) a royalty due on oil or gas production from any
lease located on the outer Continental Shelf.
(4) Central planning area.--The term ``Central Planning
Area'' means the Central Gulf of Mexico Planning Area of the
outer Continental Shelf, as designated in the document entitled
``Draft Proposed Program Outer Continental Shelf Oil and Gas
Leasing Program 2007-2012'', dated February 2006.
(5) Eastern planning area.--The term ``Eastern Planning
Area'' means the Eastern Gulf of Mexico Planning Area of the
outer Continental Shelf, as designated in the document entitled
``Draft Proposed Program Outer Continental Shelf Oil and Gas
Leasing Program 2007-2012'', dated February 2006.
(6) 2002-2007 planning area.--The term ``2002-2007 planning
area'' means any area--
(A) located in--
(i) the Eastern Planning Area, as designated
in the Proposed Final Outer Continental Shelf Oil
and Gas Leasing Program 2002-2007, dated April
2002, of the Minerals Management Service;
(ii) the Central Planning Area, as designated
in the Proposed Final Outer Continental Shelf Oil
and Gas Leasing Program 2002-2007, dated April
2002, of the Minerals Management Service; or
(iii) the Western Planning Area, as designated
in the Proposed Final Outer Continental Shelf Oil
and Gas Leasing Program 2002-2007, dated April
2002, of the Minerals Management Service; and
(B) not located in--
(i) an area in which no funds may be expended
to conduct offshore preleasing, leasing, and
related activities under sections 104 through 106
of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2006
(Public Law 109-54; 119 Stat. 521) (as in effect
on August 2, 2005);
(ii) an area withdrawn from leasing under the
``Memorandum on Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing
Disposition'', from 34 Weekly Comp. Pres. Doc.
1111, dated June 12, 1998; or
(iii) the 181 Area or 181 South Area.
(7) Gulf producing state.--The term ``Gulf producing State''
means each of the States of Alabama, Louisiana, Mississippi, and
Texas.
(8) Military mission line.--The term ``Military Mission
Line'' means the north-south line at 8641' W. longitude.
(9) Qualified outer continental shelf revenues.--
(A) In general.--The term ``qualified outer
Continental Shelf revenues'' means--
(i) in the case of each of fiscal years 2007
through 2016, all rentals, royalties, bonus bids,
and other sums
[[Page 3002]]
120 STAT. 3002
due and payable to the United States from leases
entered into on or after the date of enactment of
this Act for--
(I) areas in the 181 Area located in
the Eastern Planning Area; and
(II) the 181 South Area; and
(ii) in the case of fiscal year 2017 and each
fiscal year thereafter, all rentals, royalties,
bonus bids, and other sums due and payable to the
United States received on or after October 1,
2016, from leases entered into on or after the
date of enactment of this Act for--
(I) the 181 Area;
(II) the 181 South Area; and
(III) the 2002-2007 planning area.
(B) Exclusions.--The term ``qualified outer
Continental Shelf revenues'' does not include--
(i) revenues from the forfeiture of a bond or
other surety securing obligations other than
royalties, civil penalties, or royalties taken by
the Secretary in-kind and not sold; or
(ii) revenues generated from leases subject to
section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)).
(10) Coastal political subdivision.--The term ``coastal
political subdivision'' means a political subdivision of a Gulf
producing State any part of which political subdivision is--
(A) within the coastal zone (as defined in section
304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)) of the Gulf producing State as of the date
of enactment of this Act; and
(B) not more than 200 nautical miles from the
geographic center of any leased tract.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. NOTE: 43 USC 1331 note. OFFSHORE OIL AND GAS LEASING IN
181 AREA AND 181 SOUTH AREA OF GULF OF MEXICO.
(a) 181 Area Lease Sale.--Except as provided in section 104, the
Secretary shall offer the 181 Area for oil and gas leasing pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon
as practicable, but not later than 1 year, after the date of enactment
of this Act.
(b) 181 South Area Lease Sale.--The Secretary shall offer the 181
South Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as practicable after
the date of enactment of this Act.
(c) Leasing Program.--The 181 Area and 181 South Area shall be
offered for lease under this section notwithstanding the omission of the
181 Area or the 181 South Area from any outer Continental Shelf leasing
program under section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344).
(d) Conforming Amendment.--Section 105 of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006
(Public Law 109-54; 119 Stat. 522) is amended by inserting ``(other than
the 181 South Area (as defined in section
[[Page 3003]]
120 STAT. 3003
102 of the Gulf of Mexico Energy Security Act of 2006))'' after ``lands
located outside Sale 181''.
SEC. 104. NOTE: 43 USC 1331 note. MORATORIUM ON OIL AND GAS LEASING
IN CERTAIN AREAS OF GULF OF MEXICO.
(a) In General.--Effective NOTE: Effective date. Termination
date. during the period beginning on the date of enactment of this Act
and ending on June 30, 2022, the Secretary shall not offer for leasing,
preleasing, or any related activity--
(1) any area east of the Military Mission Line in the Gulf
of Mexico;
(2) any area in the Eastern Planning Area that is within 125
miles of the coastline of the State of Florida; or
(3) any area in the Central Planning Area that is--
(A) within--
(i) the 181 Area; and
(ii) 100 miles of the coastline of the State
of Florida; or
(B)(i) outside the 181 Area;
(ii) east of the western edge of the Pensacola
Official Protraction Diagram (UTM X coordinate 1,393,920
(NAD 27 feet)); and
(iii) within 100 miles of the coastline of the State
of Florida.
(b) Military Mission Line.--Notwithstanding subsection (a), the
United States reserves the right to designate by and through the
Secretary of Defense, with the approval of the President, national
defense areas on the outer Continental Shelf pursuant to section 12(d)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
(c) Exchange of Certain Leases.--
(1) In general.--The Secretary shall permit any person that,
as of the date of enactment of this Act, has entered into an oil
or gas lease with the Secretary in any area described in
paragraph (2) or (3) of subsection (a) to exchange the lease for
a bonus or royalty credit that may only be used in the Gulf of
Mexico.
(2) Valuation of existing lease.--The amount of the bonus or
royalty credit for a lease to be exchanged shall be equal to--
(A) the amount of the bonus bid; and
(B) any rental paid for the lease as of the date the
lessee notifies the Secretary of the decision to
exchange the lease.
(3) Revenue distribution.--No bonus or royalty credit may be
used under this subsection in lieu of any payment due under, or
to acquire any interest in, a lease subject to the revenue
distribution provisions of section 8(g) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(g)).
(4) NOTE: Deadline. Regulations.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
promulgate regulations that shall provide a process for--
(A) notification to the Secretary of a decision to
exchange an eligible lease;
(B) issuance of bonus or royalty credits in exchange
for relinquishment of the existing lease;
[[Page 3004]]
120 STAT. 3004
(C) transfer of the bonus or royalty credit to any
other person; and
(D) determining the proper allocation of bonus or
royalty credits to each lease interest owner.
SEC. 105. NOTE: 43 USC 1331 note. DISPOSITION OF QUALIFIED OUTER
CONTINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA,
AND 2002-2007 PLANNING AREAS OF GULF OF MEXICO.
(a) In General.--Notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of
this section, for each applicable fiscal year, the Secretary of the
Treasury shall deposit--
(1) 50 percent of qualified outer Continental Shelf revenues
in the general fund of the Treasury; and
(2) 50 percent of qualified outer Continental Shelf revenues
in a special account in the Treasury from which the Secretary
shall disburse--
(A) 75 percent to Gulf producing States in
accordance with subsection (b); and
(B) 25 percent to provide financial assistance to
States in accordance with section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8),
which shall be considered income to the Land and Water
Conservation Fund for purposes of section 2 of that Act
(16 U.S.C. 460l-5).
(b) Allocation Among Gulf Producing States and Coastal Political
Subdivisions.--
(1) Allocation among gulf producing states for fiscal years
2007 through 2016.--
(A) NOTE: Regulations. Effective dates. In
general.--Subject to subparagraph (B), effective for
each of fiscal years 2007 through 2016, the amount made
available under subsection (a)(2)(A) shall be allocated
to each Gulf producing State in amounts (based on a
formula established by the Secretary by regulation) that
are inversely proportional to the respective distances
between the point on the coastline of each Gulf
producing State that is closest to the geographic center
of the applicable leased tract and the geographic center
of the leased tract.
(B) Minimum allocation.--The amount allocated to a
Gulf producing State each fiscal year under subparagraph
(A) shall be at least 10 percent of the amounts
available under subsection (a)(2)(A).
(2) Allocation among gulf producing states for fiscal year
2017 and thereafter.--
(A) NOTE: Effective dates. Regulations. In
general.--Subject to subparagraphs (B) and (C),
effective for fiscal year 2017 and each fiscal year
thereafter--
(i) the amount made available under subsection
(a)(2)(A) from any lease entered into within the
181 Area or the 181 South Area shall be allocated
to each Gulf producing State in amounts (based on
a formula established by the Secretary by
regulation) that are inversely proportional to the
respective distances between the point on the
coastline of each Gulf producing State that is
closest to the geographic center of the applicable
leased tract and the geographic center of the
leased tract; and
[[Page 3005]]
120 STAT. 3005
(ii) the amount made available under
subsection (a)(2)(A) from any lease entered into
within the 2002-2007 planning area shall be
allocated to each Gulf producing State in amounts
that are inversely proportional to the respective
distances between the point on the coastline of
each Gulf producing State that is closest to the
geographic center of each historical lease site
and the geographic center of the historical lease
site, as determined by the Secretary.
(B) Minimum allocation.--The amount allocated to a
Gulf producing State each fiscal year under subparagraph
(A) shall be at least 10 percent of the amounts
available under subsection (a)(2)(A).
(C) NOTE: Effective dates. Termination
dates. Historical lease sites.--
(i) In general.--Subject to clause (ii), for
purposes of subparagraph (A)(ii), the historical
lease sites in the 2002-2007 planning area shall
include all leases entered into by the Secretary
for an area in the Gulf of Mexico during the
period beginning on October 1, 1982 (or an earlier
date if practicable, as determined by the
Secretary), and ending on December 31, 2015.
(ii) Adjustment.--Effective January 1, 2022,
and every 5 years thereafter, the ending date
described in clause (i) shall be extended for an
additional 5 calendar years.
(3) Payments to coastal political subdivisions.--
(A) In general.--The Secretary shall pay 20 percent
of the allocable share of each Gulf producing State, as
determined under paragraphs (1) and (2), to the coastal
political subdivisions of the Gulf producing State.
(B) Allocation.--The amount paid by the Secretary to
coastal political subdivisions shall be allocated to
each coastal political subdivision in accordance with
subparagraphs (B), (C), and (E) of section 31(b)(4) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1356a(b)(4)).
(c) Timing.--The amounts required to be deposited under paragraph
(2) of subsection (a) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal year
immediately following the applicable fiscal year.
(d) Authorized Uses.--
(1) In general.--Subject to paragraph (2), each Gulf
producing State and coastal political subdivision shall use all
amounts received under subsection (b) in accordance with all
applicable Federal and State laws, only for 1 or more of the
following purposes:
(A) Projects and activities for the purposes of
coastal protection, including conservation, coastal
restoration, hurricane protection, and infrastructure
directly affected by coastal wetland losses.
(B) Mitigation of damage to fish, wildlife, or
natural resources.
(C) Implementation of a federally-approved marine,
coastal, or comprehensive conservation management plan.
(D) Mitigation of the impact of outer Continental
Shelf activities through the funding of onshore
infrastructure projects.
[[Page 3006]]
120 STAT. 3006
(E) Planning assistance and the administrative costs
of complying with this section.
(2) Limitation.--Not more than 3 percent of amounts received
by a Gulf producing State or coastal political subdivision under
subsection (b) may be used for the purposes described in
paragraph (1)(E).
(e) Administration.--Amounts made available under subsection (a)(2)
shall--
(1) be made available, without further appropriation, in
accordance with this section;
(2) remain available until expended; and
(3) be in addition to any amounts appropriated under--
(A) the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.);
(B) the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-4 et seq.); or
(C) any other provision of law.
(f) Limitations on Amount of Distributed Qualified Outer Continental
Shelf Revenues.--
(1) In general.--Subject to paragraph (2), the total amount
of qualified outer Continental Shelf revenues made available
under subsection (a)(2) shall not exceed $500,000,000 for each
of fiscal years 2016 through 2055.
(2) Expenditures.--For the purpose of paragraph (1), for
each of fiscal years 2016 through 2055, expenditures under
subsection (a)(2) shall be net of receipts from that fiscal year
from any area in the 181 Area in the Eastern Planning Area and
the 181 South Area.
(3) Pro rata reductions.--If paragraph (1) limits the amount
of qualified outer Continental Shelf revenue that would be paid
under subparagraphs (A) and (B) of subsection (a)(2)--
(A) the Secretary shall reduce the amount of
qualified outer Continental Shelf revenue provided to
each recipient on a pro rata basis; and
(B) any remainder of the qualified outer Continental
Shelf revenues shall revert to the general fund of the
Treasury.
TITLE NOTE: Surface Mining Control and Reclamation Act Amendments of
2006. II--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF
2006
SEC. 200. NOTE: 30 USC 1201 note. SHORT TITLE.
This title may be cited as the ``Surface Mining Control and
Reclamation Act Amendments of 2006''.
Subtitle A--Mining Control and Reclamation
SEC. 201. ABANDONED MINE RECLAMATION FUND AND PURPOSES.
(a) In General.--Section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) is amended--
(1) in subsection (c)--
[[Page 3007]]
120 STAT. 3007
(A) by striking paragraphs (2) and (6); and
(B) by redesignating paragraphs (3), (4), and (5)
and paragraphs (7) through (13) as paragraphs (2)
through (11), respectively;
(2) by striking subsection (d) and inserting the following:
``(d) Availability of Moneys; No Fiscal Year Limitation.--
``(1) In general.--Moneys from the fund for expenditures
under subparagraphs (A) through (D) of section 402(g)(3) shall
be available only when appropriated for those subparagraphs.
``(2) No fiscal year limitation.--Appropriations described
in paragraph (1) shall be made without fiscal year limitation.
``(3) Other purposes.--Moneys from the fund shall be
available for all other purposes of this title without prior
appropriation as provided in subsection (f).'';
(3) in subsection (e)--
(A) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes of
the transfers under section 402(h)''; and
(B) in the third sentence, by inserting before the
period the following: ``for the purpose of the transfers
under section 402(h)''; and
(4) by adding at the end the following:
``(f) General Limitation on Obligation Authority.--
``(1) NOTE: Effective date. In general.--From amounts
deposited into the fund under subsection (b), the Secretary
shall distribute during each fiscal year beginning after
September 30, 2007, an amount determined under paragraph (2).
``(2) Amounts.--
``(A) For fiscal years 2008 through 2022.--For each
of fiscal years 2008 through 2022, the amount
distributed by the Secretary under this subsection shall
be equal to--
``(i) the amounts deposited into the fund
under paragraphs (1), (2), and (4) of subsection
(b) for the preceding fiscal year that were
allocated under paragraphs (1) and (5) of section
402(g); plus
``(ii) the amount needed for the adjustment
under section 402(g)(8) for the current fiscal
year.
``(B) Fiscal years 2023 and thereafter.--For fiscal
year 2023 and each fiscal year thereafter, to the extent
that funds are available, the Secretary shall distribute
an amount equal to the amount distributed under
subparagraph (A) during fiscal year 2022.
``(3) Distribution.--
``(A) In general.--Except as provided in
subparagraph (B), for each fiscal year, of the amount to
be distributed to States and Indian tribes pursuant to
paragraph (2), the Secretary shall distribute--
``(i) the amounts allocated under paragraph
(1) of section 402(g), the amounts allocated under
paragraph (5) of section 402(g), and any amount
reallocated under section 411(h)(3) in accordance
with section 411(h)(2), for grants to States and
Indian tribes under section 402(g)(5); and
``(ii) the amounts allocated under section
402(g)(8).
``(B) NOTE: Effective date. Exclusion.--
Beginning on October 1, 2007, certified States shall be
ineligible to receive amounts under section 402(g)(1).
[[Page 3008]]
120 STAT. 3008
``(4) Availability.--Amounts in the fund available to the
Secretary for obligation under this subsection shall be
available until expended.
``(5) Addition.--
``(A) In general.--Subject to subparagraph (B), the
amount distributed under this subsection for each fiscal
year shall be in addition to the amount appropriated
from the fund during the fiscal year.
``(B) Exceptions.--Notwithstanding paragraph (3),
the amount distributed under this subsection for the
first 4 fiscal years beginning on and after October 1,
2007, shall be equal to the following percentage of the
amount otherwise required to be distributed:
``(i) 50 percent in fiscal year 2008.
``(ii) 50 percent in fiscal year 2009.
``(iii) 75 percent in fiscal year 2010.
``(iv) 75 percent in fiscal year 2011.''.
(b) Conforming Amendment.--Section 712(b) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by
striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''.
SEC. 202. RECLAMATION FEE.
(a) NOTE: Effective dates. Amounts.--
(1) NOTE: 30 USC 1232 note. Fiscal years 2008-2012.--
Effective October 1, 2007, section 402(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is
amended--
(A) by striking ``35'' and inserting ``31.5'';
(B) by striking ``15'' and inserting ``13.5''; and
(C) by striking ``10 cents'' and inserting ``9
cents''.
(2) NOTE: 30 USC 1232 note. Fiscal years 2013-2021.--
Effective October 1, 2012, section 402(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) (as
amended by paragraph (1)) is amended--
(A) by striking ``31.5'' and inserting ``28'';
(B) by striking ``13.5'' and inserting ``12''; and
(C) by striking ``9 cents'' and inserting ``8
cents''.
(b) NOTE: Effective date. 30 USC 1232 note. Duration.--Effective
September 30, 2007, section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) (as amended by section 7007
of the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 484)) is amended by striking ``September 30, 2007'' and all that
follows through the end of the sentence and inserting ``September 30,
2021.''.
(c) Allocation of Funds.--Section 402(g) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
(1) in paragraph (1)(D)--
(A) by inserting ``(except for grants awarded during
fiscal years 2008, 2009, and 2010 to the extent not
expended within 5 years)'' after ``this paragraph''; and
(B) by striking ``in any area under paragraph (2),
(3), (4), or (5)'' and inserting ``under paragraph
(5)'';
(2) by striking paragraph (2) and inserting:
``(2) In making the grants referred to in paragraph (1)(C) and the
grants referred to in paragraph (5), the Secretary shall ensure
[[Page 3009]]
120 STAT. 3009
strict compliance by the States and Indian tribes with the priorities
described in section 403(a) until a certification is made under section
411(a).'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraphs (2) and'' and inserting
``paragraph'';
(B) in subparagraph (A), by striking ``401(c)(11)''
and inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).'';
(4) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)'';
(B) in the first sentence, by striking ``40'' and
inserting ``60'';
(C) in the last sentence, by striking ``Funds
allocated or expended by the Secretary under paragraphs
(2), (3), or (4)'' and inserting ``Funds made available
under paragraph (3) or (4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).''; and
(5) by striking paragraphs (6) through (8) and inserting the
following:
``(6)(A) Any State with an approved abandoned mine reclamation
program pursuant to section 405 may receive and retain, without regard
to the 3-year limitation referred to in paragraph (1)(D), up to 30
percent of the total of the grants made annually to the State under
paragraphs (1) and (5) if those amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from
which amounts (together with all interest earned on the amounts) are
expended by the State for the abatement of the causes and the treatment
of the effects of acid mine drainage in a comprehensive manner within
qualified hydrologic units affected by coal mining practices.
``(B) In this paragraph, the term `qualified hydrologic unit' means
a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in a
manner that adversely impacts biological resources; and
``(ii) that contains land and water that are--
``(I) eligible pursuant to section 404 and include
any of the priorities described in section 403(a); and
``(II) the subject of expenditures by the State from
the forfeiture of bonds required under section 509 or
from other States sources to abate and treat acid mine
drainage.
``(7) In complying with the priorities described in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to the State or tribe under paragraphs (1) and (5) for the
reclamation of eligible land and water described in section 403(a)(3)
before the completion of reclamation projects under paragraphs (1) and
(2) of section 403(a) only if the expenditure of funds for the
reclamation is done in conjunction with the expenditure before, on, or
after the date of enactment of the Surface Mining Control and
Reclamation Act Amendments of 2006 of funds for reclamation projects
under paragraphs (1) and (2) of section 403(a).
[[Page 3010]]
120 STAT. 3010
``(8)(A) In making funds available under this title, the Secretary
shall ensure that the grant awards total not less than $3,000,000
annually to each State and each Indian tribe having an approved
abandoned mine reclamation program pursuant to section 405 and eligible
land and water pursuant to section 404, so long as an allocation of
funds to the State or tribe is necessary to achieve the priorities
stated in paragraphs (1) and (2) of section 403(a).
``(B) NOTE: Applicability. Tennessee. Missouri. Notwithstanding
any other provision of law, this paragraph applies to the States of
Tennessee and Missouri.''.
(d) Transfers of Interest Earned by Abandoned Mine Reclamation
Fund.--Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended by striking subsection (h) and
inserting the following:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--
``(A) Transfers to combined benefit fund.--As soon
as practicable after the beginning of fiscal year 2007
and each fiscal year thereafter, and before making any
allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not to
exceed the amount of interest that the Secretary
estimates will be earned and paid to the fund during the
fiscal year to transfer to the Combined Benefit Fund
such amounts as are estimated by the trustees of such
fund to offset the amount of any deficit in net assets
in the Combined Benefit Fund as of October 1, 2006, and
to make the transfer described in paragraph (2)(A).
``(B) Transfers to 1992 and 1993 plans.--As soon as
practicable after the beginning of fiscal year 2008 and
each fiscal year thereafter, and before making any
allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not to
exceed the amount of interest that the Secretary
estimates will be earned and paid to the fund during the
fiscal year (reduced by the amount used under
subparagraph (A)) to make the transfers described in
paragraphs (2)(B) and (2)(C).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) United mine workers of america combined
benefit fund.--A transfer to the United Mine Workers of
America Combined Benefit Fund equal to the amount that
the trustees of the Combined Benefit Fund estimate will
be expended from the fund for the fiscal year in which
the transfer is made, reduced by--
``(i) the amount the trustees of the Combined
Benefit Fund estimate the Combined Benefit Fund
will receive during the fiscal year in--
``(I) required premiums; and
``(II) payments paid by Federal
agencies in connection with benefits
provided by the Combined Benefit Fund;
and
``(ii) the amount the trustees of the Combined
Benefit Fund estimate will be expended during the
fiscal year to provide health benefits to
beneficiaries who are unassigned beneficiaries
solely as a result of the application of section
9706(h)(1) of the Internal Revenue Code of 1986,
but only to the extent that such
[[Page 3011]]
120 STAT. 3011
amount does not exceed the amounts described in
subsection (i)(1)(A) that the Secretary estimates
will be available to pay such estimated
expenditures.
``(B) United mine workers of america 1992 benefit
plan.--A transfer to the United Mine Workers of America
1992 Benefit Plan, in an amount equal to the difference
between--
``(i) the amount that the trustees of the 1992
UMWA Benefit Plan estimate will be expended from
the 1992 UMWA Benefit Plan during the next
calendar year to provide the benefits required by
the 1992 UMWA Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 UMWA Benefit Plan estimate the 1992 UMWA
Benefit Plan will receive during the next calendar
year in--
``(I) required monthly per
beneficiary premiums, including the
amount of any security provided to the
1992 UMWA Benefit Plan that is available
for use in the provision of benefits;
and
``(II) payments paid by Federal
agencies in connection with benefits
provided by the 1992 UMWA Benefit Plan.
``(C) Multiemployer health benefit plan.--A transfer
to the Multiemployer Health Benefit Plan established
after July 20, 1992, by the parties that are the
settlors of the 1992 UMWA Benefit Plan referred to in
subparagraph (B) (referred to in this subparagraph and
subparagraph (D) as `the Plan'), in an amount equal to
the excess (if any) of--
``(i) the amount that the trustees of the Plan
estimate will be expended from the Plan during the
next calendar year, to provide benefits no greater
than those provided by the Plan as of December 31,
2006; over
``(ii) the amount that the trustees estimated
the Plan will receive during the next calendar
year in payments paid by Federal agencies in
connection with benefits provided by the Plan.
Such excess shall be calculated by taking into account
only those beneficiaries actually enrolled in the Plan
as of December 31, 2006, who are eligible to receive
benefits under the Plan on the first day of the calendar
year for which the transfer is made.
``(D) Individuals considered enrolled.--For purposes
of subparagraph (C), any individual who was eligible to
receive benefits from the Plan as of the date of
enactment of this subsection, even though benefits were
being provided to the individual pursuant to a
settlement agreement approved by order of a bankruptcy
court entered on or before September 30, 2004, will be
considered to be actually enrolled in the Plan and shall
receive benefits from the Plan beginning on December 31,
2006.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2) is
more or less than the amount required to be transferred under
that subparagraph, the Secretary shall appropriately
[[Page 3012]]
120 STAT. 3012
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--Notwithstanding
any other provision of law, any interest credited to the
fund that has not previously been transferred to the
Combined Benefit Fund referred to in paragraph (2)(A)
under this section--
``(i) shall be held in reserve by the
Secretary until such time as necessary to make the
payments under subparagraphs (A) and (B) of
subsection (i)(1), as described in clause (ii);
and
``(ii) in the event that the amounts described
in subsection (i)(1) are insufficient to make the
maximum payments described in subparagraphs (A)
and (B) of subsection (i)(1), shall be used by the
Secretary to supplement the payments so that the
maximum amount permitted under those paragraphs is
paid.
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2) before the date of
enactment of this subparagraph for the program described
in section 406, but not appropriated before that date,
shall be available to the Secretary to make the
transfers described in paragraph (2).
``(C) Adequacy of previously credited interest.--The
Secretary shall--
``(i) NOTE: Consultation. consult with the
trustees of the plans described in paragraph (2)
at reasonable intervals; and
``(ii) NOTE: Notification. notify Congress
if a determination is made that the amounts held
in reserve under subparagraph (A) are insufficient
to meet future requirements under subparagraph
(A)(ii).
``(D) Additional reserve amounts.--In addition to
amounts held in reserve under subparagraph (A), there is
authorized to be appropriated such sums as may be
necessary for transfer to the fund to carry out the
purposes of subparagraph (A)(ii).
``(E) Inapplicability of cap.--The limitation
described in subsection (i)(3)(A) shall not apply to
payments made from the reserve fund under this
paragraph.
``(5) Limitations.--
``(A) Availability of funds for next fiscal year.--
The Secretary may make transfers under subparagraphs (B)
and (C) of paragraph (2) for a calendar year only if the
Secretary determines, using actuarial projections
provided by the trustees of the Combined Benefit Fund
referred to in paragraph (2)(A), that amounts will be
available under paragraph (1), after the transfer, for
the next fiscal year for making the transfer under
paragraph (2)(A).
``(B) Rate of contributions of obligors.--
``(i) In general.--
``(I) Rate.--A transfer under
paragraph (2)(C) shall not be made for a
calendar year unless the persons that
are obligated to contribute to the plan
referred to in paragraph (2)(C) on the
date of the transfer are obligated to
make the contributions at rates that are
no less than those in effect
[[Page 3013]]
120 STAT. 3013
on the date which is 30 days before the
date of enactment of this subsection.
``(II) Application.--The
contributions described in subclause (I)
shall be applied first to the provision
of benefits to those plan beneficiaries
who are not described in paragraph
(2)(C)(ii).
``(ii) Initial contributions.--
``(I) In general.--From the date of
enactment of the Surface Mining Control
and Reclamation Act Amendments of 2006
through December 31, 2010, the persons
that, on the date of enactment of that
Act, are obligated to contribute to the
plan referred to in paragraph (2)(C)
shall be obligated, collectively, to
make contributions equal to the amount
described in paragraph (2)(C), less the
amount actually transferred due to the
operation of subparagraph (C).
``(II) First calendar year.--
Calendar year 2006 is the first calendar
year for which contributions are
required under this clause.
``(III) Amount of contribution for
2006.--Except as provided in subclause
(IV), the amount described in paragraph
(2)(C) for calendar year 2006 shall be
calculated as if paragraph (2)(C) had
been in effect during 2005.
``(IV) Limitation.--The
contributions required under this clause
for calendar year 2006 shall not exceed
the amount necessary for solvency of the
plan described in paragraph (2)(C),
measured as of December 31, 2006, and
taking into account all assets held by
the plan as of that date.
``(iii) Division.--The collective annual
contribution obligation required under clause (ii)
shall be divided among the persons subject to the
obligation, and applied uniformly, based on the
hours worked for which contributions referred to
in clause (i) would be owed.
``(C) Phase-in of transfers.--For each of calendar
years 2008 through 2010, the transfers required under
subparagraphs (B) and (C) of paragraph (2) shall equal
the following amounts:
``(i) For calendar year 2008, the Secretary
shall make transfers equal to 25 percent of the
amounts that would otherwise be required under
subparagraphs (B) and (C) of paragraph (2).
``(ii) For calendar year 2009, the Secretary
shall make transfers equal to 50 percent of the
amounts that would otherwise be required under
subparagraphs (B) and (C) of paragraph (2).
``(iii) For calendar year 2010, the Secretary
shall make transfers equal to 75 percent of the
amounts that would otherwise be required under
subparagraphs (B) and (C) of paragraph (2).
``(i) Funding.--
``(1) In general.--Subject to paragraph (3), out of any
funds in the Treasury not otherwise appropriated, the Secretary
[[Page 3014]]
120 STAT. 3014
of the Treasury shall transfer to the plans described in
subsection (h)(2) such sums as are necessary to pay the
following amounts:
``(A) To the Combined Fund (as defined in section
9701(a)(5) of the Internal Revenue Code of 1986 and
referred to in this paragraph as the `Combined Fund'),
the amount that the trustees of the Combined Fund
estimate will be expended from premium accounts
maintained by the Combined Fund for the fiscal year to
provide benefits for beneficiaries who are unassigned
beneficiaries solely as a result of the application of
section 9706(h)(1) of the Internal Revenue Code of 1986,
subject to the following limitations:
``(i) For fiscal year 2008, the amount paid
under this subparagraph shall equal--
``(I) the amount described in
subparagraph (A); minus
``(II) the amounts required under
section 9706(h)(3)(A) of the Internal
Revenue Code of 1986.
``(ii) For fiscal year 2009, the amount paid
under this subparagraph shall equal--
``(I) the amount described in
subparagraph (A); minus
``(II) the amounts required under
section 9706(h)(3)(B) of the Internal
Revenue Code of 1986.
``(iii) For fiscal year 2010, the amount paid
under this subparagraph shall equal--
``(I) the amount described in
subparagraph (A); minus
``(II) the amounts required under
section 9706(h)(3)(C) of the Internal
Revenue Code of 1986.
``(B) NOTE: Certification. On certification by
the trustees of any plan described in subsection (h)(2)
that the amount available for transfer by the Secretary
pursuant to this section (determined after application
of any limitation under subsection (h)(5)) is less than
the amount required to be transferred, to the plan the
amount necessary to meet the requirement of subsection
(h)(2).
``(C) To the Combined Fund, $9,000,000 on October 1,
2007, $9,000,000 on October 1, 2008, and $9,000,000 on
October 1, 2009 (which amounts shall not be exceeded) to
provide a refund of any premium (as described in section
9704(a) of the Internal Revenue Code of 1986) paid on or
before September 7, 2000, to the Combined Fund, plus
interest on the premium calculated at the rate of 7.5
percent per year, on a proportional basis and to be paid
not later than 60 days after the date on which each
payment is received by the Combined Fund, to those
signatory operators (to the extent that the Combined
Fund has not previously returned the premium amounts to
the operators), or any related persons to the operators
(as defined in section 9701(c) of the Internal Revenue
Code of 1986), or their heirs, successors, or assigns
who have been denied
[[Page 3015]]
120 STAT. 3015
the refunds as the result of final judgments or
settlements if--
``(i) prior to the date of enactment of this
paragraph, the signatory operator (or any related
person to the operator)--
``(I) had all of its beneficiary
assignments made under section 9706 of
the Internal Revenue Code of 1986 voided
by the Commissioner of the Social
Security Administration; and
``(II) was subject to a final
judgment or final settlement of
litigation adverse to a claim by the
operator that the assignment of
beneficiaries under section 9706 of the
Internal Revenue Code of 1986 was
unconstitutional as applied to the
operator; and
``(ii) on or before September 7, 2000, the
signatory operator (or any related person to the
operator) had paid to the Combined Fund any
premium amount that had not been refunded.
``(2) Payments to states and indian tribes.--Subject to
paragraph (3), out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of the Interior for distribution to States and
Indian tribes such sums as are necessary to pay amounts
described in paragraphs (1)(A) and (2)(A) of section 411(h).
``(3) Limitations.--
``(A) Cap.--The total amount transferred under this
subsection for any fiscal year shall not exceed
$490,000,000.
``(B) Insufficient amounts.--In a case in which the
amount required to be transferred without regard to this
paragraph exceeds the maximum annual limitation in
subparagraph (A), the Secretary shall adjust the
transfers of funds so that--
``(i) each transfer for the fiscal year is a
percentage of the amount described;
``(ii) the amount is determined without regard
to subsection (h)(5)(A); and
``(iii) the percentage transferred is the same
for all transfers made under this subsection for
the fiscal year.
``(4) Availability of funds.--Funds shall be transferred
under paragraphs (1) and (2) beginning in fiscal year 2008 and
each fiscal year thereafter, and shall remain available until
expended.''.
SEC. 203. OBJECTIVES OF FUND.
Section 403 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1) the protection'' and
inserting the following:
``(1)(A) the protection;'';
(ii) in subparagraph (A) (as designated by
clause (i)), by striking ``general welfare,''; and
(iii) by adding at the end the following:
[[Page 3016]]
120 STAT. 3016
``(B) the restoration of land and water resources and the
environment that--
``(i) have been degraded by the adverse effects of
coal mining practices; and
``(ii) are adjacent to a site that has been or will
be remediated under subparagraph (A);'';
(B) in paragraph (2)--
(i) by striking ``(2) the protection'' and
inserting the following:
``(2)(A) the protection'';
(ii) in subparagraph (A) (as designated by
clause (i), by striking ``health, safety, and
general welfare'' and inserting ``health and
safety''; and
(iii) by adding at the end the following:
``(B) the restoration of land and water resources and the
environment that--
``(i) have been degraded by the adverse effects of
coal mining practices; and
``(ii) are adjacent to a site that has been or will
be remediated under subparagraph (A); and'';
(C) in paragraph (3), by striking the semicolon at
the end and inserting a period; and
(D) by striking paragraphs (4) and (5);
(2) in subsection (b)--
(A) by striking the subsection heading and inserting
``Water Supply Restoration.--''; and
(B) in paragraph (1), by striking ``up to 30 percent
of the''; and
(3) in the second sentence of subsection (c), by inserting
``, subject to the approval of the Secretary,'' after
``amendments''.
SEC. 204. RECLAMATION OF RURAL LAND.
(a) Administration.--Section 406(h) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by striking
``Soil Conservation Service'' and inserting ``Natural Resources
Conservation Service''.
(b) Authorization of Appropriations for Carrying Out Rural Land
Reclamation.--Section 406 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1236) is amended by adding at the end the
following:
``(i) There are authorized to be appropriated to the Secretary of
Agriculture, from amounts in the Treasury other than amounts in the
fund, such sums as may be necessary to carry out this section.''.
SEC. 205. LIENS.
Section 408(a) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who
owned the surface prior to May 2, 1977, and''.
SEC. 206. CERTIFICATION.
Section 411 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before the first sentence;
and
(B) by adding at the end the following:
``(2)(A) The Secretary may, on the initiative of the Secretary, make
the certification referred to in paragraph (1) on behalf of
[[Page 3017]]
120 STAT. 3017
any State or Indian tribe referred to in paragraph (1) if on the basis
of the inventory referred to in section 403(c) all reclamation projects
relating to the priorities described in section 403(a) for eligible land
and water pursuant to section 404 in the State or tribe have been
completed.
``(B) NOTE: Federal Register, publication. Public comment. The
Secretary shall only make the certification after notice in the Federal
Register and opportunity for public comment.''; and
(2) by adding at the end the following:
``(h) Payments to States and Indian Tribes.--
``(1) In general.--
``(A) Payments.--
``(i) In general.--Notwithstanding section
401(f)(3)(B), from funds referred to in section
402(i)(2), the Secretary shall make payments to
States or Indian tribes for the amount due for the
aggregate unappropriated amount allocated to the
State or Indian tribe under subparagraph (A) or
(B) of section 402(g)(1).
``(ii) Conversion as equivalent payments.--
Amounts allocated under subparagraph (A) or (B) of
section 402(g)(1) shall be reallocated to the
allocation established in section 402(g)(5) in
amounts equivalent to payments made to States or
Indian tribes under this paragraph.
``(B) Amount due.--In this paragraph, the term
`amount due' means the unappropriated amount allocated
to a State or Indian tribe before October 1, 2007, under
subparagraph (A) or (B) of section 402(g)(1).
``(C) Schedule.--Payments under subparagraph (A)
shall be made in 7 equal annual installments, beginning
with fiscal year 2008.
``(D) Use of funds.--
``(i) Certified states and indian tribes.--A
State or Indian tribe that makes a certification
under subsection (a) in which the Secretary
concurs shall use any amounts provided under this
paragraph for the purposes established by the
State legislature or tribal council of the Indian
tribe, with priority given for addressing the
impacts of mineral development.
``(ii) Uncertified states and indian tribes.--
A State or Indian tribe that has not made a
certification under subsection (a) in which the
Secretary has concurred shall use any amounts
provided under this paragraph for the purposes
described in section 403.
``(2) Subsequent state and indian tribe share for certified
states and indian tribes.--
``(A) In general.--Notwithstanding section
401(f)(3)(B), from funds referred to in section
402(i)(2), the Secretary shall pay to each certified
State or Indian tribe an amount equal to the sum of the
aggregate unappropriated amount allocated on or after
October 1, 2007, to the certified State or Indian tribe
under subparagraph (A) or (B) of section 402(g)(1).
``(B) Certified state or indian tribe defined.--In
this paragraph the term `certified State or Indian
tribe' means a State or Indian tribe for which a
certification is made under subsection (a) in which the
Secretary concurs.
[[Page 3018]]
120 STAT. 3018
``(3) Manner of payment.--
``(A) In general.--Subject to subparagraph (B),
payments to States or Indian tribes under this
subsection shall be made without regard to any
limitation in section 401(d) and concurrently with
payments to States under that section.
``(B) Initial payments.--The first 3 payments made
to any State or Indian tribe shall be reduced to 25
percent, 50 percent, and 75 percent, respectively, of
the amounts otherwise required under paragraph (2)(A).
``(C) Installments.--Amounts withheld from the first
3 annual installments as provided under subparagraph (B)
shall be paid in 2 equal annual installments beginning
with fiscal year 2018.
``(4) NOTE: Grants. Reallocation.--
``(A) In general.--The amount allocated to any State
or Indian tribe under subparagraph (A) or (B) of section
402(g)(1) that is paid to the State or Indian tribe as a
result of a payment under paragraph (1) or (2) shall be
reallocated and available for grants under section
402(g)(5).
``(B) Allocation.--The grants shall be allocated
based on the amount of coal historically produced before
August 3, 1977, in the same manner as under section
402(g)(5).''.
SEC. 207. REMINING INCENTIVES.
Title IV of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1231 et seq.) is amended by adding at the end the following:
``SEC. 415. NOTE: 30 USC 1244. REMINING INCENTIVES.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary may, after opportunity for public comment, promulgate
regulations that describe conditions under which amounts in the fund may
be used to provide incentives to promote remining of eligible land under
section 404 in a manner that leverages the use of amounts from the fund
to achieve more reclamation with respect to the eligible land than would
be achieved without the incentives.
``(b) Requirements.--Any regulations promulgated under subsection
(a) shall specify that the incentives shall apply only if the Secretary
determines, with the concurrence of the State regulatory authority
referred to in title V, that, without the incentives, the eligible land
would not be likely to be remined and reclaimed.
``(c) Incentives.--
``(1) In general.--Incentives that may be considered for
inclusion in the regulations promulgated under subsection (a)
include, but are not limited to--
``(A) a rebate or waiver of the reclamation fees
required under section 402(a); and
``(B) the use of amounts in the fund to provide
financial assurance for remining operations in lieu of
all or a portion of the performance bonds required under
section 509.
``(2) Limitations.--
``(A) Use.--A rebate or waiver under paragraph
(1)(A) shall be used only for operations that--
``(i) remove or reprocess abandoned coal mine
waste; or
[[Page 3019]]
120 STAT. 3019
``(ii) conduct remining activities that meet
the priorities specified in paragraph (1) or (2)
of section 403(a).
``(B) Amount.--The amount of a rebate or waiver
provided as an incentive under paragraph (1)(A) to
remine or reclaim eligible land shall not exceed the
estimated cost of reclaiming the eligible land under
this section.''.
SEC. 208. EXTENSION OF LIMITATION ON APPLICATION OF PROHIBITION ON
ISSUANCE OF PERMIT.
Section 510(e) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1260(e)) is amended by striking the last sentence.
SEC. 209. TRIBAL REGULATION OF SURFACE COAL MINING AND RECLAMATION
OPERATIONS.
(a) In General.--Section 710 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1300) is amended by adding at the end
the following:
``(j) Tribal Regulatory Authority.--
``(1) Tribal regulatory programs.--
``(A) In general.--Notwithstanding any other
provision of law, an Indian tribe may apply for, and
obtain the approval of, a tribal program under section
503 regulating in whole or in part surface coal mining
and reclamation operations on reservation land under the
jurisdiction of the Indian tribe using the procedures of
section 504(e).
``(B) References to state.--For purposes of this
subsection and the implementation and administration of
a tribal program under title V, any reference to a
`State' in this Act shall be considered to be a
reference to a `tribe'.
``(2) Conflicts of interest.--
``(A) In general.--The fact that an individual is a
member of an Indian tribe does not in itself constitute
a violation of section 201(f).
``(B) Employees of tribal regulatory authority.--Any
employee of a tribal regulatory authority shall not be
eligible for a per capita distribution of any proceeds
from coal mining operations conducted on Indian
reservation lands under this Act.
``(3) Sovereign immunity.--To receive primary regulatory
authority under section 504(e), an Indian tribe shall waive
sovereign immunity for purposes of section 520 and paragraph
(4).
``(4) Judicial review.--
``(A) Civil actions.--
``(i) In general.--After exhausting all tribal
remedies with respect to a civil action arising
under a tribal program approved under section
504(e), an interested party may file a petition
for judicial review of the civil action in the
United States circuit court for the circuit in
which the surface coal mining operation named in
the petition is located.
``(ii) Scope of review.--
``(I) Questions of law.--The United
States circuit court shall review de
novo any questions of law under clause
(i).
[[Page 3020]]
120 STAT. 3020
``(II) Findings of fact.--The United
States circuit court shall review
findings of fact under clause (i) using
a clearly erroneous standard.
``(B) Criminal actions.--Any criminal action brought
under section 518 with respect to surface coal mining or
reclamation operations on Indian reservation lands shall
be brought in--
``(i) the United States District Court for the
District of Columbia; or
``(ii) the United States district court in
which the criminal activity is alleged to have
occurred.
``(5) Grants.--
``(A) In general.--Except as provided in
subparagraph (B), grants for developing, administering,
and enforcing tribal programs approved in accordance
with section 504(e) shall be provided to an Indian tribe
in accordance with section 705.
``(B) Exception.--Notwithstanding subparagraph (A),
the Federal share of the costs of developing,
administering, and enforcing an approved tribal program
shall be 100 percent.
``(6) Report.--Not later than 18 months after the date on
which a tribal program is approved under subsection (e) of
section 504, the Secretary shall submit to the appropriate
committees of Congress a report, developed in cooperation with
the applicable Indian tribe, on the tribal program that includes
a recommendation of the Secretary on whether primary regulatory
authority under that subsection should be expanded to include
additional Indian lands.''.
(b) Conforming Amendment.--Section 710(i) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1300(i)) is amended in
the first sentence by striking ``, except'' and all that follows through
``section 503''.
Subtitle B--Coal Industry Retiree Health Benefit Act
SEC. 211. CERTAIN RELATED PERSONS AND SUCCESSORS IN INTEREST RELIEVED OF
LIABILITY IF PREMIUMS PREPAID.
(a) Combined Benefit Fund.--Section 9704 of the Internal Revenue
Code of 1986 NOTE: 26 USC 9704. (relating to liability of assigned
operators) is amended by adding at the end the following new subsection:
``(j) Prepayment of Premium Liability.--
``(1) In general.--If--
``(A) a payment meeting the requirements of
paragraph (3) is made to the Combined Fund by or on
behalf of--
``(i) any assigned operator to which this
subsection applies, or
``(ii) any related person to any assigned
operator described in clause (i), and
``(B) the common parent of the controlled group of
corporations described in paragraph (2)(B) is jointly
and severally liable for any premium under this section
which (but for this subsection) would be required to be
paid by the assigned operator or related person,
[[Page 3021]]
120 STAT. 3021
then such common parent (and no other person) shall be liable
for such premium.
``(2) Assigned operators to which subsection applies.--
``(A) In general.--This subsection shall apply to
any assigned operator if--
``(i) the assigned operator (or a related
person to the assigned operator)--
``(I) made contributions to the 1950
UMWA Benefit Plan and the 1974 UMWA
Benefit Plan for employment during the
period covered by the 1988 agreement;
and
``(II) is not a 1988 agreement
operator,
``(ii) the assigned operator (and all related
persons to the assigned operator) are not actively
engaged in the production of coal as of July 1,
2005, and
``(iii) the assigned operator was, as of July
20, 1992, a member of a controlled group of
corporations described in subparagraph (B).
``(B) Controlled group of corporations.--A
controlled group of corporations is described in this
subparagraph if the common parent of such group is a
corporation the shares of which are publicly traded on a
United States exchange.
``(C) Coordination with repeal of assignments.--A
person shall not fail to be treated as an assigned
operator to which this subsection applies solely because
the person ceases to be an assigned operator by reason
of section 9706(h)(1) if the person otherwise meets the
requirements of this subsection and is liable for the
payment of premiums under section 9706(h)(3).
``(D) Controlled group.--For purposes of this
subsection, the term `controlled group of corporations'
has the meaning given such term by section 52(a).
``(3) Requirements.--A payment meets the requirements of
this paragraph if--
``(A) the amount of the payment is not less than the
present value of the total premium liability under this
chapter with respect to the Combined Fund of the
assigned operators or related persons described in
paragraph (1) or their assignees, as determined by the
operator's or related person's enrolled actuary (as
defined in section 7701(a)(35)) using actuarial methods
and assumptions each of which is reasonable and which
are reasonable in the aggregate, as determined by such
enrolled actuary;
``(B) such enrolled actuary files with the Secretary
of Labor a signed actuarial report containing--
``(i) the date of the actuarial valuation
applicable to the report; and
``(ii) a statement by the enrolled actuary
signing the report that, to the best of the
actuary's knowledge, the report is complete and
accurate and that in the actuary's opinion the
actuarial assumptions used are in the aggregate
reasonably related to the experience of the
operator and to reasonable expectations; and
``(C) 90 calendar days have elapsed after the report
required by subparagraph (B) is filed with the Secretary
of Labor, and the Secretary of Labor has not notified
the
[[Page 3022]]
120 STAT. 3022
assigned operator in writing that the requirements of
this paragraph have not been satisfied.
``(4) Use of prepayment.--The Combined Fund shall--
``(A) establish and maintain an account for each
assigned operator or related person by, or on whose
behalf, a payment described in paragraph (3) was made,
``(B) credit such account with such payment (and any
earnings thereon), and
``(C) use all amounts in such account exclusively to
pay premiums that would (but for this subsection) be
required to be paid by the assigned operator.
Upon termination of the obligations for the premium liability of
any assigned operator or related person for which such account
is maintained, all funds remaining in such account (and earnings
thereon) shall be refunded to such person as may be designated
by the common parent described in paragraph (1)(B).''.
(b) Individual Employer Plans.--Section 9711(c) of the Internal
Revenue Code of 1986 NOTE: 26 USC 9711. (relating to joint and
several liability) is amended to read as follows:
``(c) Joint and Several Liability of Related Persons.--
``(1) In general.--Except as provided in paragraph (2), each
related person of a last signatory operator to which subsection
(a) or (b) applies shall be jointly and severally liable with
the last signatory operator for the provision of health care
coverage described in subsection (a) or (b).
``(2) Liability limited if security provided.--If--
``(A) security meeting the requirements of paragraph
(3) is provided by or on behalf of--
``(i) any last signatory operator which is an
assigned operator described in section 9704(j)(2),
or
``(ii) any related person to any last
signatory operator described in clause (i), and
``(B) the common parent of the controlled group of
corporations described in section 9704(j)(2)(B) is
jointly and severally liable for the provision of health
care under this section which, but for this paragraph,
would be required to be provided by the last signatory
operator or related person,
then, as of the date the security is provided, such common
parent (and no other person) shall be liable for the provision
of health care under this section which the last signatory
operator or related person would otherwise be required to
provide. Security may be provided under this paragraph without
regard to whether a payment was made under section 9704(j).
``(3) Security.--Security meets the requirements of this
paragraph if--
``(A) the security--
``(i) is in the form of a bond, letter of
credit, or cash escrow,
``(ii) is provided to the trustees of the 1992
UMWA Benefit Plan solely for the purpose of paying
premiums for beneficiaries who would be described
in section 9712(b)(2)(B) if the requirements of
this section were not met by the last signatory
operator, and
[[Page 3023]]
120 STAT. 3023
``(iii) is in an amount equal to 1 year of
liability of the last signatory operator under
this section, determined by using the average cost
of such operator's liability during the prior 3
calendar years;
``(B) the security is in addition to any other
security required under any other provision of this
title; and
``(C) the security remains in place for 5 years.
``(4) Refunds of security.--The remaining amount of any
security provided under this subsection (and earnings thereon)
shall be refunded to the last signatory operator as of the
earlier of--
``(A) the termination of the obligations of the last
signatory operator under this section, or
``(B) the end of the 5-year period described in
paragraph (4)(C).''.
(c) NOTE: Applicability. 1992 UMWA Benefit Plan.--Section
9712(d)(4) of the Internal Revenue Code of 1986 NOTE: 26 USC
9712. (relating to joint and several liability) is amended by adding
at the end the following new sentence: ``The provisions of section
9711(c)(2) shall apply to any last signatory operator described in such
section (without regard to whether security is provided under such
section, a payment is made under section 9704(j), or both) and if
security meeting the requirements of section 9711(c)(3) is provided, the
common parent described in section 9711(c)(2)(B) shall be exclusively
responsible for any liability for premiums under this section which, but
for this sentence, would be required to be paid by the last signatory
operator or any related person.''.
(d) Successor in Interest.--Section 9701(c) of the Internal Revenue
Code of 1986 (relating to terms relating to operators) is amended by
adding at the end the following new paragraph:
``(8) Successor in interest.--
``(A) Safe harbor.--The term `successor in interest'
shall not include any person who--
``(i) is an unrelated person to an eligible
seller described in subparagraph (C); and
``(ii) purchases for fair market value assets,
or all of the stock, of a related person to such
seller, in a bona fide, arm's-length sale.
``(B) Unrelated person.--The term `unrelated person'
means a purchaser who does not bear a relationship to
the eligible seller described in section 267(b).
``(C) Eligible seller.--For purposes of this
paragraph, the term `eligible seller' means an assigned
operator described in section 9704(j)(2) or a related
person to such assigned operator.''.
(e) NOTE: 26 USC 9701 note. Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act, except that the amendment made by subsection (d) shall apply to
transactions after the date of the enactment of this Act.
SEC. 212. TRANSFERS TO FUNDS; PREMIUM RELIEF.
(a) Combined Fund.--
(1) Federal transfers.--Section 9705(b) of the Internal
Revenue Code of 1986 (relating to transfers from Abandoned Mine
Reclamation Fund) is amended--
(A) in paragraph (1), by striking ``section 402(h)''
and inserting ``subsections (h) and (i) of section
402'';
[[Page 3024]]
120 STAT. 3024
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Use of funds.--Any amount transferred under paragraph
(1) for any fiscal year shall be used to pay benefits and
administrative costs of beneficiaries of the Combined Fund or
for such other purposes as are specifically provided in the Acts
described in paragraph (1).''; and
(C) by striking ``From Abandoned Mine Reclamation
Fund'' in the heading thereof.
(2) Modifications of premiums to reflect federal
transfers.--
(A) Elimination of unassigned beneficiaries pre-
mium.--Section 9704(d) of such Code NOTE: 26 USC
9704. (establishing unassigned beneficiaries premium)
is amended to read as follows:
``(d) Unassigned Beneficiaries Premium.--
``(1) Plan years ending on or before september 30, 2006.--
For plan years ending on or before September 30, 2006, the
unassigned beneficiaries premium for any assigned operator shall
be equal to the applicable percentage of the product of the per
beneficiary premium for the plan year multiplied by the number
of eligible beneficiaries who are not assigned under section
9706 to any person for such plan year.
``(2) Plan years beginning on or after october 1, 2006.--
``(A) In general.--For plan years beginning on or
after October 1, 2006, subject to subparagraph (B),
there shall be no unassigned beneficiaries premium, and
benefit costs with respect to eligible beneficiaries who
are not assigned under section 9706 to any person for
any such plan year shall be paid from amounts
transferred under section 9705(b).
``(B) Inadequate transfers.--If, for any plan year
beginning on or after October 1, 2006, the amounts
transferred under section 9705(b) are less than the
amounts required to be transferred to the Combined Fund
under subsection (h)(2)(A) or (i) of section 402 of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232)), then the unassigned beneficiaries premium
for any assigned operator shall be equal to the
operator's applicable percentage of the amount required
to be so transferred which was not so transferred.''.
(B) Premium accounts.--
(i) Crediting of accounts.--Section 9704(e)(1)
of such Code (relating to premium accounts;
adjustments) is amended by inserting ``and amounts
transferred under section 9705(b)'' after
``premiums received''.
(ii) Surpluses attributable to public
funding.--Section 9704(e)(3)(A) of such Code is
amended by adding at the end the following new
sentence: ``Amounts credited to an account from
amounts transferred under section 9705(b) shall
not be taken into account in determining whether
there is a surplus in the account for purposes of
this paragraph.''.
(C) Applicable percentage.--Section 9704(f)(2) of
such Code (relating to annual adjustments) is amended by
adding at the end the following new subparagraph:
[[Page 3025]]
120 STAT. 3025
``(C) In the case of plan years beginning on or
after October 1, 2007, the total number of assigned
eligible beneficiaries shall be reduced by the eligible
beneficiaries whose assignments have been revoked under
section 9706(h).''.
(3) Assignments and reassignment.--Section 9706 of the
Internal Revenue Code of 1986 NOTE: 26 USC 9706. (relating
to assignment of eligible beneficiaries) is amended by adding at
the end the following:
``(h) Assignments as of October 1, 2007.--
``(1) In general.--Subject to the premium obligation set
forth in paragraph (3), the Commissioner of Social Security
shall--
``(A) revoke all assignments to persons other than
1988 agreement operators for purposes of assessing
premiums for plan years beginning on and after October
1, 2007; and
``(B) make no further assignments to persons other
than 1988 agreement operators, except that no individual
who becomes an unassigned beneficiary by reason of
subparagraph (A) may be assigned to a 1988 agreement
operator.
``(2) Reassignment upon purchase.--This subsection shall not
be construed to prohibit the reassignment under subsection
(b)(2) of an eligible beneficiary.
``(3) Liability of persons during three fiscal years
beginning on and after october 1, 2007.--In the case of each of
the fiscal years beginning on October 1, 2007, 2008, and 2009,
each person other than a 1988 agreement operator shall pay to
the Combined Fund the following percentage of the amount of
annual premiums that such person would otherwise be required to
pay under section 9704(a), determined on the basis of
assignments in effect without regard to the revocation of
assignments under paragraph (1)(A):
``(A) For the fiscal year beginning on October 1,
2007, 55 percent.
``(B) For the fiscal year beginning on October 1,
2008, 40 percent.
``(C) For the fiscal year beginning on October 1,
2009, 15 percent.''.
(4) NOTE: 26 USC 9704 note. Effective date.--The
amendments made by this subsection shall apply to plan years of
the Combined Fund beginning after September 30, 2006.
(b) 1992 UMWA Benefit and Other Plans.--
(1) Transfers to plans.--Section 9712(a) of the Internal
Revenue Code of 1986 (relating to the establishment and coverage
of the 1992 UMWA Benefit Plan) is amended by adding at the end
the following:
``(3) Transfers under other federal statutes.--
``(A) In general.--The 1992 UMWA Benefit Plan shall
include any amount transferred to the plan under
subsections (h) and (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to
provide the health benefits described in subsection (c)
with
[[Page 3026]]
120 STAT. 3026
respect to any beneficiary for whom no monthly per
beneficiary premium is paid pursuant to paragraph (1)(A)
or (3) of subsection (d).
``(4) Special rule for 1993 plan.--
``(A) In general.--The plan described in section
402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall
include any amount transferred to the plan under
subsections (h) and (i) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to
provide the health benefits described in section
402(h)(2)(C)(i) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(i)) to
individuals described in section 402(h)(2)(C) of such
Act (30 U.S.C. 1232(h)(2)(C)).''.
(2) Premium adjustments.--
(A) In general.--Section 9712(d)(1) NOTE: 26 USC
9712. of such Code (relating to guarantee of benefits)
is amended to read as follows:
``(1) In general.--All 1988 last signatory operators shall
be responsible for financing the benefits described in
subsection (c) by meeting the following requirements in
accordance with the contribution requirements established in the
1992 UMWA Benefit Plan:
``(A) The payment of a monthly per beneficiary
premium by each 1988 last signatory operator for each
eligible beneficiary of such operator who is described
in subsection (b)(2) and who is receiving benefits under
the 1992 UMWA Benefit Plan.
``(B) The provision of a security (in the form of a
bond, letter of credit, or cash escrow) in an amount
equal to a portion of the projected future cost to the
1992 UMWA Benefit Plan of providing health benefits for
eligible and potentially eligible beneficiaries
attributable to the 1988 last signatory operator.
``(C) If the amounts transferred under subsection
(a)(3) are less than the amounts required to be
transferred to the 1992 UMWA Benefit Plan under
subsections (h) and (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232), the payment of an additional backstop premium by
each 1988 last signatory operator which is equal to such
operator's share of the amounts required to be so
transferred but which were not so transferred,
determined on the basis of the number of eligible and
potentially eligible beneficiaries attributable to the
operator.''.
(B) Conforming amendments.--Section 9712(d) of such
Code is amended--
(i) in paragraph (2)(B), by striking
``prefunding'' and inserting ``backstop'', and
(ii) in paragraph (3), by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(A)''.
(C) NOTE: 26 USC 9712 note. Effective date.--The
amendments made by this paragraph shall apply to fiscal
years beginning on or after October 1, 2010.
[[Page 3027]]
120 STAT. 3027
SEC. 213. OTHER PROVISIONS.
(a) Board of Trustees.--Section 9702(b) of the Internal Revenue Code
of 1986 NOTE: 26 USC 9702. (relating to board of trustees of the
Combined Fund) is amended to read as follows:
``(b) Board of Trustees.--
``(1) In general.--For purposes of subsection (a), the board
of trustees for the Combined Fund shall be appointed as
follows--
``(A) 2 individuals who represent employers in the
coal mining industry shall be designated by the BCOA;
``(B) 2 individuals designated by the United Mine
Workers of America; and
``(C) 3 individuals selected by the individuals
appointed under subparagraphs (A) and (B).
``(2) Successor trustees.--Any successor trustee shall be
appointed in the same manner as the trustee being succeeded. The
plan establishing the Combined Fund shall provide for the
removal of trustees.
``(3) Special rule.--If the BCOA ceases to exist, any
trustee or successor under paragraph (1)(A) shall be designated
by the 3 employers who were members of the BCOA on the enactment
date and who have been assigned the greatest number of eligible
beneficiaries under section 9706.''.
(b) Enforcement of Obligations.--
(1) Failure to pay premiums.--Section 9707(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Failures to Pay.--
``(1) Premiums for eligible beneficiaries.--There is hereby
imposed a penalty on the failure of any assigned operator to pay
any premium required to be paid under section 9704 with respect
to any eligible beneficiary.
``(2) NOTE: Penalty. Contributions required under the
mining laws.--There is hereby imposed a penalty on the failure
of any person to make a contribution required under section
402(h)(5)(B)(ii) of the Surface Mining Control and Reclamation
Act of 1977 to a plan referred to in section 402(h)(2)(C) of
such Act. For purposes of applying this section, each such
required monthly contribution for the hours worked of any
individual shall be treated as if it were a premium required to
be paid under section 9704 with respect to an eligible
beneficiary.''.
(2) Civil enforcement.--Section 9721 of such Code is amended
to read as follows:
``SEC. 9721. CIVIL ENFORCEMENT.
``The NOTE: Applicability. provisions of section 4301 of the
Employee Retirement Income Security Act of 1974 shall apply, in the same
manner as any claim arising out of an obligation to pay withdrawal
liability under subtitle E of title IV of such Act, to any claim--
``(1) arising out of an obligation to pay any amount
required to be paid by this chapter; or
``(2) arising out of an obligation to pay any amount
required by section 402(h)(5)(B)(ii) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)(5)(B)(ii)).''.
[[Page 3028]]
120 STAT. 3028
TITLE NOTE: White Pine County Conservation, Recreation, and
Development Act of 2006. Nevada. III--WHITE PINE COUNTY CONSERVATION,
RECREATION, AND DEVELOPMENT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
SEC. 302. NOTE: 16 USC 1241 note. SHORT TITLE.
This title may be cited as the ``White Pine County Conservation,
Recreation, and Development Act of 2006''.
SEC. 303. NOTE: 16 USC 1244 note. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means White Pine County,
Nevada.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest
System, the Secretary of Agriculture; and
(B) with respect to other Federal land, the
Secretary of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
Subtitle A--Land Disposal
SEC. 311. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.
(a) In General.--Notwithstanding sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary, in cooperation with the County, in accordance with that Act,
this subtitle, and other applicable law and subject to valid existing
rights, shall, at such time as the parcels of Federal land become
available for disposal, conduct sales of the parcels of Federal land
described in subsection (b) to qualified bidders.
(b) Description of Land.--The parcels of Federal land referred to in
subsection (a) consist of not more than 45,000 acres of Bureau of Land
Management land in the County that--
(1) is not segregated or withdrawn on or after the date of
enactment of this Act, unless the land is withdrawn in
accordance with subsection (h); and
(2) is identified for disposal by the Bureau of Land
Management through--
(A) the Ely Resource Management Plan; or
(B) a subsequent amendment to the management plan
that is undertaken with full public involvement.
(c) Availability.--The map and any legal descriptions of the Federal
land conveyed under this section shall be on file and available for
public inspection in--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Office of the Nevada State Director of the Bureau of
Land Management; and
(3) the Ely Field Office of the Bureau of Land Management.
[[Page 3029]]
120 STAT. 3029
(d) Joint Selection Required.--The Secretary and the County shall
jointly select which parcels of Federal land described in subsection (b)
to offer for sale under subsection (a).
(e) NOTE: Certification. Compliance With Local Planning and
Zoning Laws.--Before a sale of Federal land under subsection (a), the
County shall submit to the Secretary a certification that qualified
bidders have agreed to comply with--
(1) County and city zoning ordinances; and
(2) any master plan for the area approved by the County.
(f) Method of Sale; Consideration.--The sale of Federal land under
subsection (a) shall be--
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Management Policy Act of 1976 (43 U.S.C.
1713);
(2) unless otherwise determined by the Secretary, through a
competitive bidding process; and
(3) for not less than fair market value.
(g) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not NOTE: Deadline. later than 30 days
before land is offered for sale under subsection (a), the State
or County may elect to obtain any of the land for local public
purposes in accordance with the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (43 U.S.C.
869 et seq.).
(2) Retention.--Pursuant to an election made under paragraph
(1), the Secretary shall retain the elected land for conveyance
to the State or County in accordance with the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.).
(h) Withdrawal.--
(1) In general.--Subject to valid existing rights and except
as provided in paragraph (2), the Federal land described in
subsection (b) is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal
leasing laws, and mineral material laws.
(2) Exception.--Paragraph (1)(A) shall not apply to sales
made consistent with this section or an election by the County
or the State to obtain the land described in subsection (b) for
public purposes under the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(i) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of the signing of the record of
decision authorizing the implementation of the Ely Resource
Management Plan and annually thereafter until the Federal land
described in subsection (b) is disposed of or the County
requests a postponement under paragraph (2), the Secretary shall
offer for sale the Federal land described in subsection (b).
(2) Postponement; exclusion from sale.--
(A) Request by county for postponement or
exclusion.--At the request of the County, the Secretary
shall
[[Page 3030]]
120 STAT. 3030
postpone or exclude from the sale all or a portion of
the land described in subsection (b).
(B) Indefinite postponement.--Unless specifically
requested by the County, a postponement under
subparagraph (A) shall not be indefinite.
SEC. 312. DISPOSITION OF PROCEEDS.
Of the proceeds from the sale of Federal land described in section
311(b)--
(1) 5 percent shall be paid directly to the State for use in
the general education program of the State;
(2) 10 percent shall be paid to the County for use for fire
protection, law enforcement, education, public safety, housing,
social services, transportation, and planning; and
(3) the remainder shall be deposited in a special account in
the Treasury of the United States, to be known as the ``White
Pine County Special Account'' (referred to in this subtitle as
the ``special account''), and shall be available without further
appropriation to the Secretary until expended for--
(A) the reimbursement of costs incurred by the
Nevada State office and the Ely Field Office of the
Bureau of Land Management for preparing for the sale of
Federal land described in section 311(b), including the
costs of surveys and appraisals and compliance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321) and sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712,
1713);
(B) the inventory, evaluation, protection, and
management of unique archaeological resources (as
defined in section 3 of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470bb)) of the County;
(C) the reimbursement of costs incurred by the
Department of the Interior for preparing and carrying
out the transfers of land to be held in trust by the
United States under section 361;
(D) conducting a study of routes for the Silver
State Off-Highway Vehicle Trail as required by section
355(a);
(E) developing and implementing the Silver State
Off-Highway Vehicle Trail management plan described in
section 355(c);
(F) wilderness protection and processing wilderness
designations, including the costs of appropriate
fencing, signage, public education, and enforcement for
the wilderness areas designated;
(G) if the Secretary determines necessary,
developing and implementing conservation plans for
endangered or at risk species in the County; and
(H) carrying out a study to assess non-motorized
recreation opportunities on Federal land in the County.
Subtitle NOTE: Pam White Wilderness Act of 2006. B--Wilderness Areas
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Pam White Wilderness Act of
2006''.
[[Page 3031]]
120 STAT. 3031
SEC. 322. FINDINGS.
Congress finds that--
(1) public land in the County contains unique and
spectacular natural resources, including--
(A) priceless habitat for numerous species of plants
and wildlife; and
(B) thousands of acres of land that remain in a
natural state; and
(2) continued preservation of those areas would benefit the
County and all of the United States by--
(A) ensuring the conservation of ecologically
diverse habitat;
(B) protecting prehistoric cultural resources;
(C) conserving primitive recreational resources; and
(D) protecting air and water quality.
SEC. 323. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) NOTE: 16 USC 1132 note. Mt. moriah wilderness
addition.--Certain Federal land managed by the Forest Service
and the Bureau of Land Management, comprising approximately
11,261 acres, as generally depicted on the map entitled
``Eastern White Pine County'' and dated November 29, 2006, is
incorporated in, and shall be managed as part of, the Mt. Moriah
Wilderness, as designated by section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public
Law 101-195).
(2) NOTE: 16 USC 1132 note. Mount grafton wilderness.--
Certain Federal land managed by the Bureau of Land Management,
comprising approximately 78,754 acres, as generally depicted on
the map entitled ``Southern White Pine County'' and dated
November 29, 2006, which shall be known as the ``Mount Grafton
Wilderness''.
(3) NOTE: 16 USC 1132 note. South egan range
wilderness.--Certain Federal land managed by the Bureau of Land
Management, comprising approximately 67,214 acres, as generally
depicted on the map entitled ``Southern White Pine County'' and
dated November 29, 2006, which shall be known as the ``South
Egan Range Wilderness''.
(4) NOTE: 16 USC 1132 note. Highland ridge wilderness.--
Certain Federal land managed by the Bureau of Land Management
and the Forest Service, comprising approximately 68,627 acres,
as generally depicted on the map entitled ``Southern White Pine
County'' and dated November 29, 2006, which shall be known as
the ``Highland Ridge Wilderness''.
(5) NOTE: 16 USC 1132 note. Government peak
wilderness.--Certain Federal land managed by the Bureau of Land
Management, comprising approximately 6,313 acres, as generally
depicted on the map entitled ``Eastern White Pine County'' and
dated November 29, 2006, which shall be known as the
``Government Peak Wilderness''.
(6) NOTE: 16 USC 1132 note. Currant mountain wilderness
addition.--Certain Federal land managed by the Forest Service,
comprising approximately 10,697 acres, as generally depicted on
the map entitled ``Western White Pine County'' and dated
November
[[Page 3032]]
120 STAT. 3032
29, 2006, is incorporated in, and shall be managed as part of,
the ``Currant Mountain Wilderness'', as designated by section
2(4) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C.
1132 note; Public Law 101-195).
(7) NOTE: 16 USC 1132 note. Red mountain wilderness.--
Certain Federal land managed by the Forest Service, comprising
approximately 20,490 acres, as generally depicted on the map
entitled ``Western White Pine County'' and dated November 29,
2006, which shall be known as the ``Red Mountain Wilderness''.
(8) NOTE: 16 USC 1132 note. Bald mountain wilderness.--
Certain Federal land managed by the Bureau of Land Management
and the Forest Service, comprising approximately 22,366 acres,
as generally depicted on the map entitled ``Western White Pine
County'' and dated November 29, 2006, which shall be known as
the ``Bald Mountain Wilderness''.
(9) NOTE: 16 USC 1132 note. White pine range
wilderness.--Certain Federal land managed by the Forest Service,
comprising approximately 40,013 acres, as generally depicted on
the map entitled ``Western White Pine County'' and dated
November 29, 2006, which shall be known as the ``White Pine
Range Wilderness''.
(10) NOTE: 16 USC 1132 note. Shellback wilderness.--
Certain Federal land managed by the Forest Service, comprising
approximately 36,143 acres, as generally depicted on the map
entitled ``Western White Pine County'' and dated November 29,
2006, which shall be known as the ``Shellback Wilderness''.
(11) NOTE: 16 USC 1132 note. High schells wilderness.--
Certain Federal land managed by the Forest Service, comprising
approximately 121,497 acres, as generally depicted on the map
entitled ``Eastern White Pine County'' and dated November 29,
2006, which shall be known as the ``High Schells Wilderness''.
(12) NOTE: 16 USC 1132 note. Becky peak wilderness.--
Certain Federal land managed by the Bureau of Land Management,
comprising approximately 18,119 acres, as generally depicted on
the map entitled ``Northern White Pine County'' and dated
November 29, 2006, which shall be known as the ``Becky Peak
Wilderness''.
(13) NOTE: 16 USC 1132 note. Goshute canyon
wilderness.--Certain Federal land managed by the Bureau of Land
Management, comprising approximately 42,544 acres, as generally
depicted on the map entitled ``Northern White Pine County'' and
dated November 29, 2006, which shall be known as the ``Goshute
Canyon Wilderness''.
(14) NOTE: 16 USC 1132 note. Bristlecone wilderness.--
Certain Federal land managed by the Bureau of Land Management,
comprising approximately 14,095 acres, as generally depicted on
the map entitled ``Eastern White Pine County'' and dated
November 29, 2006, which shall be known as the ``Bristlecone
Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness area
designated by subsection (a) that is bordered by a road shall be at
least 100 feet from the edge of the road to allow public access.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area designated by subsection (a)
with the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives.
[[Page 3033]]
120 STAT. 3033
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical errors
in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in the appropriate
offices of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the National Park Service.
(d) Withdrawal.--Subject to valid existing rights, the wilderness
areas designated by subsection (a) are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws.
(e) Mt. Moriah Wilderness Boundary Adjustment.--The boundary of the
Mt. Moriah Wilderness established under section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include only the land identified as the ``Mount
Moriah Wilderness Area'' and ``Mount Moriah Additions'' on the map
entitled ``Eastern White Pine County'' and dated November 29, 2006.
SEC. 324. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of Agriculture or the Secretary of the Interior, as
appropriate.
(b) Livestock.--Within the wilderness areas designated under this
subtitle that are administered by the Bureau of Land Management and the
Forest Service, the grazing of livestock in areas in which grazing is
established as of the date of enactment of this Act shall be allowed to
continue--
(1) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(2) consistent with section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), including the guidelines set forth in
Appendix A of House Report 101-405.
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of an area designated as
wilderness by this subtitle that is acquired by the United States after
the date of enactment of this Act shall be added to and administered as
part of the wilderness area within which the acquired land or interest
is located.
(d) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this
subtitle is located--
[[Page 3034]]
120 STAT. 3034
(i) in the semiarid region of the Great Basin;
and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are few
if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the land designated as wilderness by this
subtitle is generally not suitable for use or
development of new water resource facilities; and
(C) because of the unique nature of the land
designated as wilderness by this subtitle, it is
possible to provide for proper management and protection
of the wilderness and other values of land in ways
different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the land designated as wilderness by this
subtitle by means other than a federally reserved water right.
(3) Statutory construction.--Nothing in this subtitle--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to a
wilderness designated by this subtitle;
(B) shall affect any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any interstate compact or
equitable apportionment decree that apportions water
among and between the State and other States.
(4) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order to
obtain and hold any water rights not in existence on the date of
enactment of this Act with respect to the wilderness areas
designated by this subtitle.
(5) New projects.--
(A) Definition of water resource facility.--In this
paragraph, the term ``water resource facility''--
(i) means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower
projects, transmission and other ancillary
facilities, and other water diversion, storage,
and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this title, on or after
the date of enactment of this Act, neither the President
nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license
or permit for the development of any new water resource
[[Page 3035]]
120 STAT. 3035
facility within a wilderness area that is wholly or
partially within the County.
SEC. 325. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the designation of
wilderness in the State by this subtitle to lead to the creation of
protective perimeters or buffer zones around any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a wilderness
designated under this subtitle shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
SEC. 326. MILITARY OVERFLIGHTS.
Nothing in this subtitle restricts or precludes--
(1) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 327. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this subtitle shall be construed to diminish--
(1) the rights of any Indian tribe; or
(2) tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
SEC. 328. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the Bureau of Land Management land has been adequately studied for
wilderness designation in any portion of the wilderness study areas or
instant study areas--
(1) not designated as wilderness by section 323(a),
excluding the portion of the Goshute Canyon Wilderness Study
Area located outside of the County; and
(2) depicted as released on the maps entitled--
(A) ``Eastern White Pine County'' and dated November
29, 2006;
(B) ``Northern White Pine County'' and dated
November 29, 2006;
(C) ``Southern White Pine County'' and dated
November 29, 2006; and
(D) ``Western White Pine County'' and dated November
29, 2006.
(b) Release.--
(1) In general.--Any public land described in subsection (a)
that is not designated as wilderness by this subtitle--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c));
(B) shall be managed in accordance with--
[[Page 3036]]
120 STAT. 3036
(i) land management plans adopted under
section 202 of that Act (43 U.S.C. 1712); and
(ii) cooperative conservation agreements in
existence on the date of enactment of this Act;
and
(C) shall be subject to the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
(2) Exception.--The requirements described in paragraph (1)
shall not apply to the portion of the Goshute Canyon Wilderness
Study Area located outside of the County.
SEC. 329. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects
the jurisdiction of the State with respect to fish and wildlife
management, including the regulation of hunting, fishing, and trapping,
in the wilderness areas designated by this subtitle.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary
may conduct such management activities as are necessary to maintain or
restore fish and wildlife populations and habitats in the wilderness
areas designated by this subtitle if those activities are conducted--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies such as those set forth in
Appendix B of House Report 101-405, including the
occasional and temporary use of motorized vehicles if
the use, as determined by the Secretary, would promote
healthy, viable, and more naturally distributed wildlife
populations that would enhance wilderness values and
accomplish those tasks with the minimal impact necessary
to reasonably accomplish those tasks.
(c) Existing Activities.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate
policies such as those set forth in Appendix B of House Report 101-405,
the State may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and provide water for wildlife
populations, including bighorn sheep, and feral stock, feral horses, and
feral burros.
(d) Wildlife Water Development Projects.--Subject to subsection (f),
the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects, including guzzlers, in the wilderness areas designated by this
subtitle if--
(1) the structures and facilities will, as determined by the
Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary may designate by regulation
areas in which, and establish periods during which, for reasons
of public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in the
wilderness areas designated by this subtitle.
[[Page 3037]]
120 STAT. 3037
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency before
promulgating regulations under paragraph (1).
(f) Cooperative Agreement.--
(1) In general.--The State (including a designee of the
State) may conduct wildlife management activities in the
wilderness areas designated by this subtitle--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State, entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9,''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by the
Secretary and the State; and
(B) subject to all applicable laws and regulations.
(2) References.--
(A) Clark county.--For purposes of this subsection,
any references to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be
considered to be references to White Pine County,
Nevada.
(B) Bureau of land management.--For purposes of this
subsection, any references to the Bureau of Land
Management in the cooperative agreement described in
paragraph (1)(A) shall also be considered to be
references to the Forest Service.
SEC. 330. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.
Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures as may be necessary in
the control of fire, insects, and diseases, including coordination with
a State or local agency, as the Secretary deems appropriate.
SEC. 331. CLIMATOLOGICAL DATA COLLECTION.
If the Secretary determines that hydrologic, meteorologic, or
climatological collection devices are appropriate to further the
scientific, educational, and conservation purposes of the wilderness
areas designated by this subtitle, nothing in this subtitle precludes
the installation and maintenance of the collection devices within the
wilderness areas.
Subtitle C--Transfers of Administrative Jurisdiction
SEC. 341. TRANSFER TO THE UNITED STATES FISH AND WILDLIFE SERVICE.
(a) In General.--Administrative jurisdiction over the land described
in subsection (b) is transferred from the Bureau of Land Management to
the United States Fish and Wildlife Service for inclusion in the Ruby
Lake National Wildlife Refuge.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is approximately 645 acres of land administered by the
Bureau of Land Management and identified on the map entitled ``Ruby Lake
Land Transfer'' and dated July 10, 2006, as ``Lands to be transferred to
the Fish and Wildlife Service''.
[[Page 3038]]
120 STAT. 3038
SEC. 342. TRANSFER TO THE BUREAU OF LAND MANAGEMENT.
(a) In General.--Subject to subsection (c), administrative
jurisdiction over the parcels of land described in subsection (b) is
transferred from the Forest Service to the Bureau of Land Management.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are--
(1) the land administered by the Forest Service and
identified on the map entitled ``Southern White Pine County''
and dated November 29, 2006, as ``Withdrawal Area'';
(2) the land administered by the Forest Service and
identified on the map entitled ``Southern White Pine County''
and dated November 29, 2006, as ``Highland Ridge Wilderness'';
and
(3) all other Federal land administered by the Forest
Service that is located adjacent to the Highland Ridge
Wilderness.
(c) Continuation of Cooperative Agreements.--Any existing Forest
Service cooperative agreement or permit in effect on the date of
enactment of this Act relating to a parcel of land to which
administrative jurisdiction is transferred by subsection (a) shall be
continued by the Bureau of Land Management unless there is reasonable
cause to terminate the agreement or permit, as determined by the
Secretary.
(d) Withdrawal.--Subject to valid existing rights, all Federal land
within the Withdrawal Area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral laws, geothermal leasing laws,
and mineral materials laws.
(e) Motorized and Mechanical Vehicles.--Use of motorized and
mechanical vehicles in the withdrawal area designated by this subtitle
shall be permitted only on roads and trails designated for their use,
unless the use of those vehicles is needed--
(1) for administrative purposes; or
(2) to respond to an emergency.
SEC. 343. TRANSFER TO THE FOREST SERVICE.
(a) In General.--Subject to subsection (c), administrative
jurisdiction over the parcels of land described in subsection (b) is
transferred from the Bureau of Land Management to the Forest Service.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are the approximately 5,799 acres of land administered by
the Bureau of Land Management and identified on the map entitled
``Western White Pine County'', dated November 29, 2006, as the BLM
Public Land Transfer to the US Forest Service.
(c) Continuation of Cooperative Agreements.--Any existing Bureau of
Land Management cooperative agreement or permit in effect on the date of
enactment of this Act relating to a parcel of land to which
administrative jurisdiction is transferred by subsection (a) shall be
continued by the Forest Service unless there is reasonable cause to
terminate the agreement or permit, as determined by the Secretary.
[[Page 3039]]
120 STAT. 3039
SEC. 344. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS.
The maps of the land transferred by this subtitle shall be on file
and available for public inspection in the appropriate offices of--
(1) the Bureau of Land Management;
(2) the Forest Service;
(3) the National Park Service; and
(4) the United States Fish and Wildlife Service.
Subtitle D--Public Conveyances
SEC. 351. CONVEYANCE TO THE STATE OF NEVADA.
(a) NOTE: Contracts. Conveyance.--Notwithstanding section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary shall convey to the State, subject to valid existing rights,
for no consideration, all right, title, and interest of the United
States in and to the parcels of land described in subsection (b) if the
State and the County enter into a written agreement supporting the
conveyance.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are--
(1) the approximately 6,281 acres of Bureau of Land
Management land identified as ``Steptoe Valley Wildlife
Management Area Expansion Proposal'' on the map entitled ``Ely,
Nevada Area'' and dated November 29, 2006;
(2) the approximately 658 acres of Bureau of Land Management
land identified as ``Ward Charcoal Ovens Expansion'' on the map
entitled ``Ely, Nevada Area'' and dated November 29, 2006; and
(3) the approximately 2,960 acres of Forest Service
identified as ``Cave Lake State Park Expansion'' on the map
entitled ``Ely, Nevada Area'' and dated November 29, 2006.
(c) Costs.--Any costs relating to a conveyance under subsection (a),
including costs for surveys and other administrative costs, shall be
paid by the State.
(d) Use of Land.--
(1) In general.--Any parcel of land conveyed to the State
under subsection (a) shall be used only for--
(A) the conservation of wildlife or natural
resources; or
(B) a public park.
(2) Facilities.--Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a
manner consistent with the uses described in paragraph (1).
(e) Reversion.--If a parcel of land conveyed under subsection (a) is
used in a manner that is inconsistent with the uses described in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.
SEC. 352. CONVEYANCE TO WHITE PINE COUNTY, NEVADA.
(a) In General.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall
convey to the County, without consideration, all right, title, and
interest of the United States in and to the parcels of land described in
subsection (b).
[[Page 3040]]
120 STAT. 3040
(b) Description of Land.--The parcels of land referred to in
subsection (a) are--
(1) the approximately 1,551 acres of land identified on the
map entitled ``Ely, Nevada Area'', dated November 29, 2006, as
the Airport Expansion; and
(2) the approximately 202 acres of land identified on the
map entitled ``Ely, Nevada Area'', dated November 29, 2006, as
the Industrial Park Expansion.
(c) Authorized Uses.--
(1) Airport expansion.--The parcel of land described in
subsection (b)(1) shall be used by the County to expand the Ely
Airport.
(2) Industrial park expansion.--The parcel of land described
in subsection (b)(2) shall be used by the County to expand the
White Pine County Industrial Park.
(3) Use of certain land for nonresidential development.--
(A) In general.--After conveyance to the County of
the land described in subsection (b), the County may
sell, lease, or otherwise convey any portion of the land
conveyed for purposes of nonresidential development
relating to the authorized uses described in paragraphs
(1) and (2).
(B) Method of sale.--The sale, lease, or conveyance
of land under subparagraph (A) shall be--
(i) through a competitive bidding process; and
(ii) for not less than fair market value.
(C) Disposition of proceeds.--The gross proceeds
from the sale, lease, or conveyance of land under
subparagraph (A) shall be distributed in accordance with
section 312.
(d) Reversion.--If a parcel of land conveyed under subsection (a) is
used in a manner that is inconsistent with the use described for the
parcel in paragraph (1), (2), or (3) of subsection (c), the parcel of
land shall, at the discretion of the Secretary, revert to the United
States.
Subtitle E--Silver State Off-Highway Vehicle Trail
SEC. 355. NOTE: 16 USC 1244 note. SILVER STATE OFF-HIGHWAY VEHICLE
TRAIL.
(a) Study.--
(1) In general.--Not NOTE: Deadline. later than 3 years
after the date of enactment of this Act, the Secretary shall
complete a study of routes (with emphasis on roads and trails in
existence on the date of enactment of this Act) in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the Silver State Off-Highway Vehicle Trail
(referred to in this section as the ``Trail'').
(2) Preferred route.--Based on the study conducted under
paragraph (1), the Secretary, in consultation with the State,
the County, and any interested persons, shall identify the
preferred route for the Trail.
(b) Designation of Trail.--
(1) NOTE: Deadline. In general.--Subject to paragraph
(2), not later than 90 days after the date on which the study is
completed under subsection (a), the Secretary shall designate
the Trail.
[[Page 3041]]
120 STAT. 3041
(2) Limitations.--The Secretary shall designate the Trail
only if the Secretary--
(A) determines that the route of the Trail would not
have significant negative impacts on wildlife, natural
or cultural resources, or traditional uses; and
(B) ensures that the Trail designation--
(i) is an effort to extend the Silver State
Off-Highway Vehicle Trail designated under section
401(b) of the Lincoln County Conservation,
Recreation, and Development Act of 2004 (16 U.S.C.
1244 note; Public Law 108-424); and
(ii) is limited to--
(I) 1 route that generally runs in a
north-south direction; and
(II) 1 potential spur running west.
(c) Management.--
(1) In general.--The Secretary shall manage the Trail in a
manner that--
(A) is consistent with any motorized and mechanized
uses of the Trail that are authorized on the date of
enactment of this Act under applicable Federal and State
laws (including regulations);
(B) ensures the safety of the individuals who use
the Trail; and
(C) does not damage sensitive wildlife habitat,
natural, or cultural resources.
(2) Management plan.--
(A) In general.--Not NOTE: Deadline. later than
2 years after the date of designation of the Trail, the
Secretary, in consultation with the State, the County,
and any other interested persons, shall complete a
management plan for the Trail.
(B) Components.--The management plan shall--
(i) describe the appropriate uses and
management of the Trail;
(ii) authorize the use of motorized and
mechanized vehicles on the Trail; and
(iii) describe actions carried out to
periodically evaluate and manage the appropriate
levels of use and location of the Trail to
minimize environmental impacts and prevent damage
to cultural resources from the use of the Trail.
(3) Monitoring and evaluation.--
(A) Annual assessment.--The Secretary shall annually
assess--
(i) the effects of the use of off-highway
vehicles on the Trail to minimize environmental
impacts and prevent damage to cultural resources
from the use of the Trail; and
(ii) in consultation with the Nevada
Department of Wildlife, the effects of the Trail
on wildlife and wildlife habitat to minimize
environmental impacts from the use of the Trail.
(B) Closure.--The Secretary, in consultation with
the State and the County and subject to subparagraph
(C), may temporarily close or permanently reroute a
portion of the Trail if the Secretary determines that--
(i) the Trail is having an adverse impact on--
[[Page 3042]]
120 STAT. 3042
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the Trail threatens public safety;
(iii) closure of the Trail is necessary to
repair damage to the Trail; or
(iv) closure of the Trail is necessary to
repair resource damage.
(C) Rerouting.--Any portion of the Trail that is
temporarily closed may be permanently rerouted along
existing roads and trails on public land open to
motorized use if the Secretary determines that rerouting
the portion of the Trail would not significantly
increase or decrease the length of the Trail.
(D) Notice.--The Secretary shall provide information
to the public with respect to any routes on the Trail
that are closed under subparagraph (B), including
through the provision of appropriate signage along the
Trail.
(4) Notice of open routes.--The Secretary shall ensure that
visitors to the Trail have access to adequate notice relating to
the routes on the Trail that are open through--
(A) the provision of appropriate signage along the
Trail; and
(B) the distribution of maps, safety education
materials, and any other information that the Secretary
determines to be appropriate.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing in
this section affects the ownership or management of, or other rights
relating to, non-Federal land or interests in non-Federal land.
Subtitle F--Transfer of Land to Be Held in Trust for the Ely Shoshone
Tribe.
SEC. 361. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE
TRIBE.
(a) In General.--Subject to valid existing rights, all right, title,
and interest of the United States in and to the land described in
subsection (b)--
(1) shall be held in trust by the United States for the
benefit of the Ely Shoshone Tribe (referred to in this section
as the ``Tribe''); and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of parcels 1, 2, 3, and 4, totaling the approximately 3,526
acres of land that are identified on--
(1) the Ely, Nevada Area map dated November 29, 2006; and
(2) the Eastern White Pine County map dated November 29,
2006, as the ``Ely Shoshone Expansion''.
(c) NOTE: Deadline. Survey.--Not later than 180 days after the
date of enactment of this Act, the Bureau of Land Management shall
complete a survey of the boundary lines to establish the boundaries of
the trust land.
(d) Conditions.--
[[Page 3043]]
120 STAT. 3043
(1) Gaming.--Land taken into trust under subsection (a)
shall not be--
(A) considered to have been taken into trust for
gaming (as that term is used in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)); and
(B) used for gaming.
(2) Trust land for ceremonial use.--With respect to the use
of the land identified on the map as ``Ely Shoshone Expansion''
and marked as ``3'', the Tribe--
(A) shall limit the use of the surface of the land
to traditional and customary uses and stewardship
conservation for the benefit of the Tribe; and
(B) shall not permit any permanent residential or
recreational development on, or commercial use of, the
surface of the land, including commercial development or
gaming.
(3) Thinning; landscape restoration.--With respect to land
taken into trust under subsection (a), the Forest Service and
the Bureau of Land Management may, in consultation and
coordination with the Tribe, carry out any thinning and other
landscape restoration work on the trust land that is beneficial
to the Tribe and the Forest Service or the Bureau of Land
Management.
Subtitle G--Eastern Nevada Landscape Restoration Project.
SEC. 371. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) there is an increasing threat of wildfire in the Great
Basin;
(2) those wildfires--
(A) endanger homes and communities;
(B) damage or destroy watersheds and soils; and
(C) pose a serious threat to the habitat of
threatened and endangered species;
(3) forest land and rangeland in the Great Basin are
degraded as a direct consequence of land management practices
(including practices to control and prevent wildfires) that
disrupt the occurrence of frequent low-intensity fires that have
periodically removed flammable undergrowth; and
(4) additional scientific information is needed in the Great
Basin for--
(A) the design, implementation, and adaptation of
landscape-scale restoration treatments; and
(B) the improvement of wildfire management
technology and practices.
(b) Purposes.--The purposes of this subtitle are to--
(1) support the Great Basin Restoration Initiative through
the implementation of the Eastern Nevada Landscape Restoration
Project; and
(2) ensure resilient and healthy ecosystems in the Great
Basin by restoring native plant communities and natural mosaics
on the landscape that function within the parameters of natural
fire regimes.
[[Page 3044]]
120 STAT. 3044
SEC. 372. DEFINITIONS.
In this subtitle:
(1) Initiative.--The term ``Initiative'' means the Great
Basin Restoration Initiative.
(2) Project.--The term ``Project'' means the Eastern Nevada
Landscape Restoration Project authorized under section 373(a).
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 373. RESTORATION PROJECT.
(a) In General.--In accordance with all applicable Federal laws, the
Secretaries shall carry out the Eastern Nevada Landscape Restoration
Project to--
(1) implement the Initiative; and
(2) restore native rangelands and native woodland (including
riparian and aspen communities) in White Pine and Lincoln
Counties in the State.
(b) Grants; Cooperative Agreement.--In carrying out the Project--
(1) the Secretaries may make grants to the Eastern Nevada
Landscape Coalition, the Great Basin Institute, and other
entities for the study and restoration of rangeland and other
land in the Great Basin--
(A) to assist in--
(i) reducing hazardous fuels; and
(ii) restoring native rangeland and woodland;
and
(B) for other related purposes; and
(2) notwithstanding sections 6301 through 6308, of title 31,
United States Code, the Director of the Bureau of Land
Management and the Chief of the Forest Service may enter into an
agreement with the Eastern Nevada Landscape Coalition, the Great
Basin Institute, and other entities to provide for the conduct
of scientific analyses, hazardous fuels and mechanical
treatments, and related work.
(c) Research Facility.--The Secretaries may conduct a feasibility
study on the potential establishment of an interagency science center,
including a research facility and experimental rangeland in the eastern
portion of the State.
(d) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat.
2007; 118 Stat. 2414) is amended--
(1) by redesignating clause (viii) as clause (ix); and
(2) by inserting after clause (vii) the following:
``(viii) to carry out the Eastern Nevada
Landscape Restoration Project in White Pine
County, Nevada and Lincoln County, Nevada; and''.
[[Page 3045]]
120 STAT. 3045
Subtitle H--Amendments to the Southern Nevada Public Land Management Act
of 1998
SEC. 381. FINDINGS.
Section 2(a)(3) of the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2343) is amended by inserting ``the
Sloan Canyon National Conservation Area,'' before ``and the Spring
Mountains''.
SEC. 382. AVAILABILITY OF SPECIAL ACCOUNT.
Section 4(e) of the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat.
1317; 118 Stat. 2414) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``may be expended'' and
inserting ``shall be expended'';
(ii) in clause (ii)--
(I) by inserting ``, the Great Basin
National Park,'' after ``the Red Rock
Canyon National Conservation Area'';
(II) by inserting ``and the Forest
Service'' after ``the Bureau of Land
Management''; and
(III) by striking ``Clark and
Lincoln Counties'' and inserting
``Clark, Lincoln, and White Pine
Counties'';
(iii) in clause (iii), by inserting ``and
implementation'' before ``of a multispecies
habitat'';
(iv) in clause (iv), by striking ``Clark and
Lincoln Counties,'' and inserting ``Clark,
Lincoln, and White Pine Counties and Washoe County
(subject to paragraph (4)),'';
(v) in clause (v), by striking ``Clark and
Lincoln Counties'' and inserting ``Clark, Lincoln,
and White Pine Counties'';
(vi) in clause (vii)--
(I) by striking ``for development''
and inserting ``development''; and
(II) by striking ``and'' at the end;
(vii) by redesignating clauses (viii) and (ix)
(as amended by section 373(d)) as clauses (x) and
(xi), respectively; and
(viii) by inserting after clause (vii) the
following:
``(viii) reimbursement of any costs incurred
by the Bureau of Land Management to clear debris
from and protect land that is--
``(I) located in the disposal
boundary described in subsection (a);
and
``(II) reserved for affordable
housing;
``(ix) development and implementation of
comprehensive, cost-effective, multijurisdictional
hazardous fuels reduction and wildfire prevention
plans (including sustainable biomass and biofuels
energy development and production activities) for
the Lake
[[Page 3046]]
120 STAT. 3046
Tahoe Basin (to be developed in conjunction with
the Tahoe Regional Planning Agency), the Carson
Range in Douglas and Washoe Counties and Carson
City in the State, and the Spring Mountains in the
State, that are--
``(I) subject to approval by the
Secretary; and
``(II) not more than 10 years in
duration;''; and
(B) by inserting after subparagraph (C) the
following:
``(D) Transfer requirement.--Subject to such terms
and conditions as the Secretary may prescribe, and
notwithstanding any other provision of law--
``(i) for amounts that have been authorized
for expenditure under subparagraph (A)(iv) but not
transferred as of the date of enactment of this
subparagraph, the Secretary shall, not later than
60 days after a request for funds from the
applicable unit of local government or regional
governmental entity, transfer to the applicable
unit of local government or regional governmental
entity the amount authorized for the expenditure;
and
``(ii) for expenditures authorized under
subparagraph (A)(iv) that are approved by the
Secretary, the Secretary shall, not later than 60
days after a request for funds from the applicable
unit of local government or regional governmental
entity, transfer to the applicable unit of local
government or regional governmental entity the
amount approved for expenditure.''; and
(2) by adding at the end the following:
``(4) Limitation for washoe county.--Until December 31,
2011, Washoe County shall be eligible to nominate for
expenditure amounts to acquire land (not to exceed 250 acres)
and develop 1 regional park and natural area.''.
Subtitle I--Amendments to the Lincoln County Conservation, Recreation,
and Development Act of 2004
SEC. 391. DISPOSITION OF PROCEEDS.
Section 103(b)(2) of the Lincoln County Conservation, Recreation,
and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is
amended by inserting ``education, planning,'' after ``social
services,''.
Subtitle J--All American Canal Projects
SEC. 395. ALL AMERICAN CANAL LINING PROJECT.
(a) Duties of the Secretary.--Notwithstanding any other provision of
law, upon the date of enactment of this Act, the Secretary shall,
without delay, carry out the All American Canal Lining Project
identified--
(1) as the preferred alternative in the record of decision
for that project, dated July 29, 1994; and
[[Page 3047]]
120 STAT. 3047
(2) in the allocation agreement allocating water from the
All American Canal Lining Project, entered into as of October
10, 2003.
(b) Duties of Commissioner of Reclamation.--
(1) In general.--Subject to paragraph (2), if a State
conducts a review or study of the implications of the All
American Canal Lining Project as carried out under subsection
(a), upon request from the Governor of the State, the
Commissioner of Reclamation shall cooperate with the State, to
the extent practicable, in carrying out the review or study.
(2) Restriction of delay.--A review or study conducted by a
State under paragraph (1) shall not delay the carrying out by
the Secretary of the All American Canal Lining Project.
SEC. 396. REGULATED STORAGE WATER FACILITY.
(a) Construction, Operation, and Maintenance of Facility.--
Notwithstanding any other provision of law, upon the date of enactment
of this Act, the Secretary shall, without delay, pursuant to the Act of
January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the
``River and Harbor Act of 1927''), as amended, design and provide for
the construction, operation, and maintenance of a regulated water
storage facility (including all incidental works that are reasonably
necessary to operate the storage facility) to provide additional storage
capacity to reduce nonstorable flows on the Colorado River below Parker
Dam.
(b) Location of Facility.--The storage facility (including all
incidental works) described in subsection (a) shall be located at or
near the All American Canal.
SEC. 397. NOTE: Mexico. APPLICATION OF LAW.
The Treaty between the United States of America and Mexico relating
to the utilization of waters of the Colorado and Tijuana Rivers and of
the Rio Grande, and supplementary protocol signed November 14, 1944,
signed at Washington February 3, 1944 (59 Stat. 1219) is the exclusive
authority for identifying, considering, analyzing, or addressing impacts
occurring outside the boundary of the United States of works
constructed, acquired, or used within the territorial limits of the
United States.
TITLE IV--OTHER PROVISIONS
SEC. 401. TOBACCO PERSONAL USE QUANTITY EXCEPTION TO NOT APPLY TO
DELIVERY SALES.
(a) Definitions.--Section 801 of the Tariff Act of 1930 (19 U.S.C.
1681) is amended by adding at the end the following:
``(3) Delivery sale.--The term `delivery sale' means any
sale of cigarettes or a smokeless tobacco product to a consumer
if--
``(A) the consumer submits the order for such sale
by means of a telephone or other method of voice
transmission, the mail, or the Internet or other online
service, or the seller is otherwise not in the physical
presence of the buyer when the request for purchase or
order is made; or
``(B) the cigarettes or smokeless tobacco product is
delivered by use of a common carrier, private delivery
service, or the mail, or the seller is not in the
physical
[[Page 3048]]
120 STAT. 3048
presence of the buyer when the buyer obtains personal
possession of the delivered cigarettes or smokeless
tobacco product.''.
(b) Inapplicability of Exemptions From Requirements for Entry of
Certain Cigarettes and Smokeless Tobacco Products.--Section 802(b)(1) of
the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended by adding at
the end the following new sentence: ``The preceding sentence shall not
apply to any cigarettes or smokeless tobacco products sold in connection
with a delivery sale.''.
(c) State Access to Customs Certifications.--Section 802 of the
Tariff Act of 1930 (19 U.S.C. 1681a) is amended by adding at the end the
following new subsection:
``(d) State Access to Customs Certifications.--A State, through its
Attorney General, shall be entitled to obtain copies of any
certification required under subsection (c) directly--
``(1) upon request to the agency of the United States
responsible for collecting such certification; or
``(2) upon request to the importer, manufacturer, or
authorized official of such importer or manufacturer.''.
(d) Enforcement Provisions.--Section 803(b) of the Tariff Act of
1930 (19 U.S.C. 1681b(b)) is amended--
(1) in the first sentence, by inserting before the period at
the end the following: ``, or to any State in which such tobacco
product, cigarette papers, or tube is found''; and
(2) in the second sentence, by inserting ``, or to any
State,'' after ``the United States''.
(e) Inclusion of Smokeless Tobacco.--
(1) Sections 802 and 803(a) of the Tariff Act of 1930 (19
U.S.C. 1681a and 1681b(a)) (other than the last sentence of
section 802(b)(1), as added by subsection (b) of this section)
are further amended by inserting ``or smokeless tobacco
products'' after ``cigarettes'' each place it appears.
(2) Section 802 of such Act is further amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``or
section 4 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4403), as
the case may be'' after ``section 7 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C.
1335a)'';
(ii) in paragraph (2), by inserting ``or
section 3 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4402), as
the case may be,'' after ``section 4 of the
Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333)''; and
(iii) in paragraph (3), by inserting ``or
section 3(d) of the Comprehensive Smokeless
Tobacco Health Education Act of 1986 (15 U.S.C.
4402(d)), as the case may be'' after ``section
4(c) of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333(c))'';
(B) in subsection (b)--
(i) in the heading of paragraph (1), by
inserting ``or smokeless tobacco products'' after
``cigarettes''; and
(ii) in the heading of paragraphs (2) and (3),
by inserting ``or smokeless tobacco products''
after ``cigarettes''; and
[[Page 3049]]
120 STAT. 3049
(C) in subsection (c)--
(i) in the heading, by inserting ``or
smokeless tobacco product'' after ``cigarette'';
(ii) in paragraph (1), by inserting ``or
section 4 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4403), as
the case may be'' after ``section 7 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C.
1335a)'';
(iii) in paragraph (2)(A), by inserting ``or
section 3 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4402), as
the case may be,'' after ``section 4 of the
Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333)''; and
(iv) in paragraph (2)(B), by inserting ``or
section 3(d) of the Comprehensive Smokeless
Tobacco Health Education Act of 1986 (15 U.S.C.
4402(d)), as the case may be'' after ``section
4(c) of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333(c))''.
(3) Section 803(b) of such Act, as amended by subsection
(d)(1) of this section, is further amended by inserting ``, or
any smokeless tobacco product,'' after ``or tube'' the first
place it appears.
(4)(A) The heading of title VIII of such Act is amended by
inserting ``AND SMOKELESS TOBACCO PRODUCTS'' after
``CIGARETTES''.
(B) The heading of section 802 of such Act is amended by
inserting ``and smokeless tobacco products'' after
``cigarettes''.
(f) Application of Civil Penalties to Relandings of Tobacco Products
Sold in a Delivery Sale.--
(1) In general.--Section 5761 of the Internal Revenue Code
of 1986 NOTE: 26 USC 5761. (relating to civil penalties) is
amended by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively, and inserting after subsection (c)
the following new subsection:
``(d) Personal Use Quantities.--
``(1) In general.--No quantity of tobacco products other
than the quantity referred to in paragraph (2) may be relanded
or received as a personal use quantity.
``(2) Exception for personal use quantity.--Subsection (c)
and section 5754 shall not apply to any person who relands or
receives tobacco products in the quantity allowed entry free of
tax and duty under chapter 98 of the Harmonized Tariff Schedule
of the United States, and such person may voluntarily relinquish
to the Secretary at the time of entry any excess of such
quantity without incurring the penalty under subsection (c).
``(3) Special rule for delivery sales.--
``(A) In general.--Paragraph (2) shall not apply to
any tobacco product sold in connection with a delivery
sale.
``(B) Delivery sale.--For purposes of subparagraph
(A), the term `delivery sale' means any sale of a
tobacco product to a consumer if--
``(i) the consumer submits the order for such
sale by means of a telephone or other method of
voice transmission, the mail, or the Internet or
other online
[[Page 3050]]
120 STAT. 3050
service, or the seller is otherwise not in the
physical presence of the buyer when the request
for purchase or order is made, or
``(ii) the tobacco product is delivered by use
of a common carrier, private delivery service, or
the mail, or the seller is not in the physical
presence of the buyer when the buyer obtains
personal possession of the tobacco product.''.
(2) Conforming amendments.--
(A) Subsection (c) of section 5761 of such Code is
amended by striking the last two sentences.
(B) Paragraph (1) of section 5754(c) of such Code is
amended by striking ``section 5761(c)'' and inserting
``section 5761(d)''.
(g) NOTE: 19 USC 1681 note. Effective Date.--The amendments made
by this section shall apply with respect to goods entered, or withdrawn
from warehouse for consumption, on or after the 15th day after the date
of the enactment of this Act.
SEC. 402. ETHANOL TARIFF SCHEDULE.
Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule
of the United States are each amended in the effective period column by
striking ``10/1/2007'' each place it appears and inserting ``1/1/2009''.
SEC. 403. WITHDRAWAL OF CERTAIN FEDERAL LAND AND INTERESTS IN CERTAIN
FEDERAL LAND FROM LOCATION, ENTRY, AND PATENT UNDER THE
MINING LAWS AND DISPOSITION UNDER THE MINERAL AND GEOTHERMAL
LEASING LAWS.
(a) Definitions.--In this section:
(1) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the Bureau of Land Management land
and any federally-owned minerals located south of the Blackfeet
Indian Reservation and east of the Lewis and Clark National
Forest to the eastern edge of R. 8 W., beginning in T. 29 N.
down to and including T. 19 N. and all of T. 18 N., R. 7 W.
(2) Eligible federal land.--The term ``eligible Federal
land'' means the Bureau of Land Management land and the Forest
Service land, as generally depicted on the map.
(3) Forest service land.--The term ``Forest Service land''
means--
(A) the Forest Service land and any federally-owned
minerals located in the Rocky Mountain Division of the
Lewis and Clark National Forest, including the
approximately 356,111 acres of land made unavailable for
leasing by the August 28, 1997, Record of Decision for
the Lewis and Clark National Forest Oil and Gas Leasing
Environmental Impact Statement and that is located from
T. 31 N. to T. 16 N. and R. 13 W. to R. 7 W.; and
(B) the Forest Service land and any federally-owned
minerals located within the Badger Two Medicine area of
the Flathead National Forest, including--
(i) the land located in T. 29 N. from the
western edge of R. 16 W. to the eastern edge of R.
13 W.; and
[[Page 3051]]
120 STAT. 3051
(ii) the land located in T. 28 N., Rs. 13 and
14 W.
(4) Map.--The term ``map'' means the map entitled ``Rocky
Mountain Front Mineral Withdrawal Area'' and dated December 31,
2006.
(b) Withdrawal.--
(1) In general.--Subject to valid existing rights, the
eligible Federal land (including any interest in the eligible
Federal land) is withdrawn from--
(A) all forms of location, entry, and patent under
the mining laws; and
(B) disposition under all laws relating to mineral
and geothermal leasing.
(2) Availability of map.--The map shall be on file and
available for inspection in the Office of the Chief of the
Forest Service.
(c) Tax Incentive for Sale of Existing Mineral and Geothermal Rights
to Tax-Exempt Entities.--
(1) Exclusion.--For purposes of the Internal Revenue Code of
1986, gross income shall not include 25 percent of the
qualifying gain from a conservation sale of a qualifying mineral
or geothermal interest.
(2) Qualifying gain.--For purposes of this subsection, the
term ``qualifying gain'' means any gain which would be
recognized as long-term capital gain under such Code.
(3) Conservation sale.--For purposes of this subsection, the
term ``conservation sale'' means a sale which meets the
following requirements:
(A) Transferee is an eligible entity.--The
transferee of the qualifying mineral or geothermal
interest is an eligible entity.
(B) Qualifying letter of intent required.--At the
time of the sale, such transferee provides the taxpayer
with a qualifying letter of intent.
(C) Nonapplication to certain sales.--The sale is
not made pursuant to an order of condemnation or eminent
domain.
(4) Qualifying mineral or geothermal interest.--For purposes
of this subsection--
(A) In general.--The term ``qualifying mineral or
geothermal interest'' means an interest in any mineral
or geothermal deposit located on eligible Federal land
which constitutes a taxpayer's entire interest in such
deposit.
(B) Entire interest.--For purposes of subparagraph
(A)--
(i) an interest in any mineral or geothermal
deposit is not a taxpayer's entire interest if
such interest in such mineral or geothermal
deposit was divided in order to avoid the
requirements of such subparagraph or section
170(f)(3)(A) of such Code, and
(ii) a taxpayer's entire interest in such
deposit does not fail to satisfy such subparagraph
solely because the taxpayer has retained an
interest in other deposits, even if the other
deposits are contiguous with such certain deposit
and were acquired by the taxpayer along with such
certain deposit in a single conveyance.
(5) Other definitions.--For purposes of this subsection--
[[Page 3052]]
120 STAT. 3052
(A) Eligible entity.--The term ``eligible entity''
means--
(i) a governmental unit referred to in section
170(c)(1) of such Code, or an agency or department
thereof operated primarily for 1 or more of the
conservation purposes specified in clause (i),
(ii), or (iii) of section 170(h)(4)(A) of such
Code, or
(ii) an entity which is--
(I) described in section
170(b)(1)(A)(vi) or section 170(h)(3)(B)
of such Code, and
(II) organized and at all times
operated primarily for 1 or more of the
conservation purposes specified in
clause (i), (ii), or (iii) of section
170(h)(4)(A) of such Code.
(B) Qualifying letter of intent.--The term
``qualifying letter of intent'' means a written letter
of intent which includes the following statement: ``The
transferee's intent is that this acquisition will serve
1 or more of the conservation purposes specified in
clause (i), (ii), or (iii) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986, that the transferee's
use of the deposits so acquired will be consistent with
section 170(h)(5) of such Code, and that the use of the
deposits will continue to be consistent with such
section, even if ownership or possession of such
deposits is subsequently transferred to another
person.''.
(6) Tax on subsequent transfers.--
(A) In general.--A tax is hereby imposed on any
subsequent transfer by an eligible entity of ownership
or possession, whether by sale, exchange, or lease, of
an interest acquired directly or indirectly in--
(i) a conservation sale described in paragraph
(1), or
(ii) a transfer described in clause (i), (ii),
or (iii) of subparagraph (D).
(B) Amount of tax.--The amount of tax imposed by
subparagraph (A) on any transfer shall be equal to the
sum of--
(i) 20 percent of the fair market value
(determined at the time of the transfer) of the
interest the ownership or possession of which is
transferred, plus
(ii) the product of--
(I) the highest rate of tax
specified in section 11 of such Code,
times
(II) any gain or income realized by
the transferor as a result of the
transfer.
(C) Liability.--The tax imposed by subparagraph (A)
shall be paid by the transferor.
(D) Relief from liability.--The person (otherwise
liable for any tax imposed by subparagraph (A)) shall be
relieved of liability for the tax imposed by
subparagraph (A) with respect to any transfer if--
(i) the transferee is an eligible entity which
provides such person, at the time of transfer, a
qualifying letter of intent,
(ii) in any case where the transferee is not
an eligible entity, it is established to the
satisfaction of the Secretary of the Treasury,
that the transfer of
[[Page 3053]]
120 STAT. 3053
ownership or possession, as the case may be, will
be consistent with section 170(h)(5) of such Code,
and the transferee provides such person, at the
time of transfer, a qualifying letter of intent,
or
(iii) tax has previously been paid under this
paragraph as a result of a prior transfer of
ownership or possession of the same interest.
(E) Administrative provisions.--For purposes of
subtitle F of such Code, the taxes imposed by this
paragraph shall be treated as excise taxes with respect
to which the deficiency procedures of such subtitle
apply.
(7) Reporting.--The Secretary of the Treasury may require
such reporting as may be necessary or appropriate to further the
purpose under this subsection that any conservation use be in
perpetuity.
(d) Effective Dates.--
(1) Moratorium.--Subsection (b) shall take effect on the
date of the enactment of this Act.
(2) Tax incentive.--Subsection (c) shall apply to sales
occurring on or after the date of the enactment of this Act.
SEC. 404. CONTINUING ELIGIBILITY FOR CERTAIN STUDENTS UNDER DISTRICT OF
COLUMBIA SCHOOL CHOICE PROGRAM.
(a) In General.--Section 307(a)(4) of the DC School Choice Incentive
Act of 2003 (sec. 38-1851.06(a)(4), D.C. Official Code) is amended by
striking ``200 percent'' and inserting the following: ``200 percent (or,
in the case of an eligible student whose first year of participation in
the program is an academic year ending in June 2005 or June 2006 and
whose second or succeeding year is an academic year ending on or before
June 2009, 300 percent)''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as if included in the enactment of the DC School Choice Incentive
Act of 2003.
SEC. 405. STUDY ON ESTABLISHING UNIFORM NATIONAL DATABASE ON ELDER
ABUSE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services,
in consultation with the Attorney General, shall conduct a study
on establishing a uniform national database on elder abuse.
(2) Issues studied.--The study conducted under paragraph (1)
may consider the following:
(A) Current methodologies used for collecting data
on elder abuse, including a determination of the
shortcomings, strengths, and commonalities of existing
data collection efforts and reporting forms, and how a
uniform national database would capitalize on such
efforts.
(B) The process by which uniform national standards
for reporting on elder abuse could be implemented,
including the identification and involvement of
necessary stakeholders, financial resources needed,
timelines, and the treatment of existing standards with
respect to elder abuse.
(C) Potential conflicts in Federal, State, and local
laws, and enforcement and jurisdictional issues that
could occur as a result of the creation of a uniform
national database on elder abuse.
[[Page 3054]]
120 STAT. 3054
(D) The scope, purpose, and variability of existing
definitions used by Federal, State, and local agencies
with respect to elder abuse.
(3) Duration.--The study conducted under paragraph (1) shall
be conducted for a period not to exceed 2 years.
(b) Report.--Not later than 180 days after the completion of the
study conducted under subsection (a)(1), the Secretary of Health and
Human Services shall submit a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives containing the findings of the study, together with
recommendations on how to implement a uniform national database on elder
abuse.
(c) Authorization.--There are authorized to be appropriated to carry
out this section, $500,000 for each of fiscal years 2007 and 2008.
SEC. 406. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC.
(a) Certain Cotton Shirting Fabrics.--
(1) In general.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new headings:
----------------------------------------------------------------------------------------------------------------
`` 9902.52.08 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.21, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.09 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.22, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.10 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.29, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
[[Page 3055]]
120 STAT. 3055
9902.52.11 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.31, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.12 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.32, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.13 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.39, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.14 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.41, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.15 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.42, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
[[Page 3056]]
120 STAT. 3056
9902.52.16 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.49, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.17 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.51, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.18 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.52, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.19 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2009
described in
subheading
5208.59, of
average yarn
number exceeding
135 metric, other
than fabrics
provided for in
headings
9902.52.20 through
9902.52.31,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.20 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.21, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
[[Page 3057]]
120 STAT. 3057
9902.52.21 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.22, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.22 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.29, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.23 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.31, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.24 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.32, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.25 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.39, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
[[Page 3058]]
120 STAT. 3058
9902.52.26 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.41, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.27 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.42, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.28 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.49, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.29 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.51, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
9902.52.30 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009
described in
subheading
5208.52, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
[[Page 3059]]
120 STAT. 3059
9902.52.31 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2009 ''
described in .
subheading
5208.59, of
average yarn
number exceeding
135 metric,
certified by the
importer to be
wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
(2) Definitions and limitation on quantity of imports.--The
U.S. Notes to subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States are amended by adding at
the end the following:
``18. For purposes of headings 9902.52.08 through 9902.52.31, the
term `manufacturer' means a person or entity that cuts and sews men's
and boys' shirts in the United States.
``19. The aggregate quantity of fabrics entered under headings
9902.52.08 through 9902.52.19 from January 1 to December 31 of each
year, inclusive, by or on behalf of each manufacturer of men's and boys'
shirts shall be limited to 85 percent of the total square meter
equivalents of all imported woven fabrics of cotton containing 85
percent or more by weight of cotton used by such manufacturer in cutting
and sewing men's and boys' cotton shirts in the United States and
purchased by such manufacturer during calendar year 2000.''.
(b) Determination of Tariff-Rate Quotas.--
(1) Authority to issue licenses and license use.--In order
to implement the limitation on the quantity of cotton woven
fabrics that may be entered under headings 9902.52.08 through
9902.52.19 of the Harmonized Tariff Schedule of the United
States, as required by U.S. Note 19 to subchapter II of chapter
99 of such Schedule, the Secretary of Commerce shall issue
licenses to eligible manufacturers under such headings
9902.52.08 through 9902.52.19, specifying the restrictions under
each such license on the quantity of cotton woven fabrics that
may be entered each year by or on behalf of the manufacturer. A
licensee may assign the authority (in whole or in part) under
the license to import fabric under headings 9902.52.08 through
9902.52.19 of such Schedule.
(2) NOTE: Deadline. Licenses under u.s. note 19.--For
purposes of U.S. Note 19 to subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States, the Secretary
of Commerce shall issue a license to a manufacturer within 60
days after the manufacturer files with the Secretary of Commerce
an application containing a notarized affidavit from an officer
of the manufacturer that the manufacturer is eligible to receive
a license and stating the quantity of imported woven fabrics of
cotton containing 85 percent or more by weight of cotton
purchased during calendar year 2000 for use in the cutting and
sewing men's and boys' shirts in the United States.
(3) Affidavits.--For purposes of an affidavit described in
this subsection, the date of purchase shall be--
(A) the invoice date if the manufacturer is not the
importer of record; and
[[Page 3060]]
120 STAT. 3060
(B) the date of entry if the manufacturer is the
importer of record.
SEC. 407. COTTON TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the ``Pima
Cotton Trust Fund'' (in this section referred to as the ``Trust Fund''),
consisting of such amounts as may be transferred to the Trust Fund under
subsection (b).
(b) Transfer of Amounts.--
(1) NOTE: Effective date. In general.--Beginning October
1, 2006, the Secretary of the Treasury shall transfer to the
Trust Fund, from the general fund of the Treasury, amounts
determined by the Secretary of the Treasury to be equivalent to
the amounts received in the general fund that are attributable
to duties received since January 1, 1994, on articles under
subheadings 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80,
5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80,
5208.51.80, 5208.52.50, and 5208.59.80 of the Harmonized Tariff
Schedule of the United States, subject to the limitation in
paragraph (2).
(2) NOTE: Effective date. Limitation.--The Secretary may
not transfer more than $16,000,000 to the Trust Fund in any
fiscal year, and may not transfer any amount beginning on or
after October 1, 2008.
(c) Distribution of Funds.--From amounts in the Trust Fund, the
Commissioner of the Bureau of Customs and Border Protection shall make
the following payments annually beginning in fiscal year 2007:
(1) 25 percent of the amounts in the Trust Fund shall be
paid annually to a nationally recognized association established
for the promotion of pima cotton grown in the United States for
the use in textile and apparel goods.
(2) 25 percent of the amounts in the Trust Fund shall be
paid annually to yarn spinners of pima cotton grown in the
United States, and shall be allocated to each spinner in an
amount that bears the same ratio as--
(A) the spinner's production of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number) from pima cotton grown in the United
States in single and plied form during the period
January 1, 1998, through December 31, 2003 (as evidenced
by an affidavit provided by the spinner) bears to--
(B) the production of the yarns described in
subparagraph (A) during the period January 1, 1998,
through December 31, 2003, for all spinners who qualify
under this paragraph.
(3) 50 percent of the amounts in the Trust Fund shall be
paid annually to those manufacturers who cut and sew cotton
shirts in the United States who certify that they used imported
cotton fabric during the period January 1, 1998, through July 1,
2003, and shall be allocated to each such manufacturer in an
amount that bears the same ratio as--
(A) the dollar value (excluding duty, shipping, and
related costs) of imported woven cotton shirting fabric
of 80s or higher count and 2-ply in warp purchased by
the manufacturer during calendar year 2002 (as evidenced
by
[[Page 3061]]
120 STAT. 3061
an affidavit from the manufacturer that meets the
requirements of subsection (d)) used in the
manufacturing of men's and boys' cotton shirts, bears
to--
(B) the dollar value (excluding duty, shipping, and
related costs) of the fabric described in subparagraph
(A) purchased during calendar year 2002 by all
manufacturers who qualify under this paragraph.
(d) Affidavit of Shirting Manufacturers.--The affidavit required by
subsection (c)(3)(A) is a notarized affidavit provided by an officer of
the manufacturer of men's and boys' shirts concerned that affirms--
(1) that the manufacturer used imported cotton fabric during
the period January 1, 1998, through July 1, 2003, to cut and sew
men's and boys' woven cotton shirts in the United States;
(2) the dollar value of imported woven cotton shirting
fabric of 80s or higher count and 2-ply in warp purchased during
calendar year 2002;
(3) that the manufacturer maintains invoices along with
other supporting documentation (such as price lists and other
technical descriptions of the fabric qualities) showing the
dollar value of such fabric purchased, the date of purchase, and
evidencing the fabric as woven cotton fabric of 80s or higher
count and 2-ply in warp; and
(4) that the fabric was suitable for use in the
manufacturing of men's and boys' cotton shirts.
(e) Date of Purchase.--For purposes of the affidavit under
subsection (d), the date of purchase shall be the invoice date, and the
dollar value shall be determined excluding duty, shipping, and related
costs.
(f) Affidavit of Yarn Spinners.--The affidavit required by
subsection (c)(2)(A) is a notarized affidavit provided by an officer of
the producer of ring spun yarns that affirms--
(1) that the producer used pima cotton grown in the United
States during the period January 1, 2002, through December 31,
2002, to produce ring spun cotton yarns, measuring less than
83.33 decitex (exceeding 120 metric number), in single and plied
form during 2002;
(2) the quantity, measured in pounds, of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120 metric
number), in single and plied form during calendar year 2002; and
(3) that the producer maintains supporting documentation
showing the quantity of such yarns produced, and evidencing the
yarns as ring spun cotton yarns, measuring less than 83.33
decitex (exceeding 120 metric number), in single and plied form
during calendar year 2002.
(g) No Appeal.--Any amount paid by the Commissioner of the Bureau of
Customs and Border Protection under this section shall be final and not
subject to appeal or protest.
SEC. 408. TAX COURT REVIEW OF REQUESTS FOR EQUITABLE RELIEF FROM JOINT
AND SEVERAL LIABILITY.
(a) In General.--Paragraph (1) of section 6015(e) of the Internal
Revenue Code of 1986 NOTE: 26 USC 6015. (relating to petition for
tax court review) is amended by inserting ``, or in the case of an
individual
[[Page 3062]]
120 STAT. 3062
who requests equitable relief under subsection (f)'' after ``who elects
to have subsection (b) or (c) apply''.
(b) Conforming Amendments.--
(1) Section 6015(e)(1)(A)(i)(II) of such Code is amended by
inserting ``or request is made'' after ``election is filed''.
(2) Section 6015(e)(1)(B)(i) of such Code is amended--
(A) by inserting ``or requesting equitable relief
under subsection (f)'' after ``making an election under
subsection (b) or (c)'', and
(B) by inserting ``or request'' after ``to which
such election''.
(3) Section 6015(e)(1)(B)(ii) of such Code is amended by
inserting ``or to which the request under subsection (f)
relates'' after ``to which the election under subsection (b) or
(c) relates''.
(4) Section 6015(e)(4) of such Code is amended by inserting
``or the request for equitable relief under subsection (f)''
after ``the election under subsection (b) or (c)''.
(5) Section 6015(e)(5) of such Code is amended by inserting
``or who requests equitable relief under subsection (f)'' after
``who elects the application of subsection (b) or (c)''.
(6) Section 6015(g)(2) of such Code is amended by inserting
``or of any request for equitable relief under subsection (f)''
after ``any election under subsection (b) or (c)''.
(7) Section 6015(h)(2) of such Code is amended by inserting
``or a request for equitable relief made under subsection (f)''
after ``with respect to an election made under subsection (b) or
(c)''.
(c) NOTE: 26 USC 6015 note. Effective Date.--The amendments made
by this section shall apply with respect to liability for taxes arising
or remaining unpaid on or after the date of the enactment of this Act.
DIVISION D--TEMPORARILY MODIFY CERTAIN RATES OF DUTY AND MAKE OTHER
TECHNICAL AMENDMENTS TO THE TRADE LAWS, EXTEND CERTAIN TRADE PREFERENCE
PROGRAMS, AND OTHER PURPOSES
SEC. 1. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION D--TEMPORARILY MODIFY CERTAIN RATES OF DUTY AND MAKE OTHER
TECHNICAL AMENDMENTS TO THE TRADE LAWS, EXTEND CERTAIN TRADE PREFERENCE
PROGRAMS, AND OTHER PURPOSES
Sec. 1. Table of contents.
TITLE I--TARIFF PROVISIONS
Sec. 1001. Reference; expired provisions.
Subtitle A--New Duty Suspensions and Reductions
Chapter 1--New Duty Suspensions
Sec. 1111. Diethyl sulfate.
Sec. 1112. Sorafenib.
Sec. 1113. Prohexadione calcium.
Sec. 1114. Methyl methoxy acetate.
[[Page 3063]]
120 STAT. 3063
Sec. 1115. Methoxyacetic acid.
Sec. 1116. N-Methylpiperidine.
Sec. 1117. Quinclorac technical.
Sec. 1118. Pyridaben.
Sec. 1119. Certain rubber or plastic footwear.
Sec. 1120. Sodium ortho-phenylphenol.
Sec. 1121. Certain chemical.
Sec. 1122. Baypure CX.
Sec. 1123. Isoeicosane.
Sec. 1124. Isododecane.
Sec. 1125. Isohexadecane.
Sec. 1126. Aminoguanidine bicarbonate.
Sec. 1127. o-Chlorotoluene.
Sec. 1128. Bayderm bottom DLV-N.
Sec. 1129. 2,3-Dichloronitrobenzene.
Sec. 1130. 1-Methoxy-2-propanol.
Sec. 1131. Basic Red 1 dye.
Sec. 1132. Basic Red 1:1 dye.
Sec. 1133. Basic Violet 11 dye.
Sec. 1134. Basic Violet 11:1 dye.
Sec. 1135. N-Cyclohexylthiophthalimide.
Sec. 1136. 4,4'-Dithiodimorpholine.
Sec. 1137. Tetraethylthiuram disulfide.
Sec. 1138. Certain tetramethylthiuram disulfide.
Sec. 1139. Certain aerosol valves.
Sec. 1140. 4-Methyl-5-n-propoxy-2,4-dihydro-1,2,4-triazol-3-one.
Sec. 1141. Ethoxyquin.
Sec. 1142. Tricholorobenzene.
Sec. 1143. Benzoic acid, 3,4,5-trihydroxy-, propyl ester.
Sec. 1144. 2-Cyanopyridine.
Sec. 1145. Mixed xylidines.
Sec. 1146. Certain reception apparatus not containing a clock or clock
timer, incorporating only AM radio.
Sec. 1147. Pigment Yellow 219.
Sec. 1148. Pigment Blue 80.
Sec. 1149. 1-Oxa-3, 20-diazadispiro-[5.1.11.2] heneicosan-21-one
2,2,4,4-tetramethyl-,hydrochloride, reaction products with
epichloro-hydrin, hydrolyzed and polymerized.
Sec. 1150. Isobutyl parahydroxybenzoic acid and its sodium salt.
Sec. 1151. Phosphinic acid, diethyl-, aluminum salt.
Sec. 1152. Exolit OP 1312.
Sec. 1153. Sodium hypophosphite.
Sec. 1154. Cyanuric chloride.
Sec. 1155. Certain leather footwear for persons other than men or women.
Sec. 1156. Certain other work footwear.
Sec. 1157. Certain turn or turned footwear.
Sec. 1158. Certain work footwear with outer soles of leather.
Sec. 1159. Certain footwear with outer soles of rubber or plastics and
with open toes or heels.
Sec. 1160. Certain athletic footwear.
Sec. 1161. Certain work footwear.
Sec. 1162. Certain footwear.
Sec. 1163. 1-Naphthyl methylcarbamate.
Sec. 1164. Certain 16-inch variable speed scroll saw machines.
Sec. 1165. 3,4-Dimethoxybenzaldehyde.
Sec. 1166. 2-Aminothiophenol.
Sec. 1167. Solvent Red 227.
Sec. 1168. Mixtures of formaldehyde polymer and toluene.
Sec. 1169. 1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-
2,2,6,6-tetramethyl-4-piperidinamine and 2,4,6-trichloro-
1,3,5-triazine.
Sec. 1170. Mixture of barium carbonate, strontium carbonate, calcium
carbonate, methoxy-2-propananolacetate-1, for use as emitter
suspension cathode coating.
Sec. 1171. Resin cement.
Sec. 1172. Phosphor yox, yttrium oxide phosphor, activated by europium.
Sec. 1173. Phosphor-bag-barium magnesium aluminate phosphor.
Sec. 1174. Yttrium vanadate phosphor.
Sec. 1175. Phosphor scap strontium chloroapatite-europium.
Sec. 1176. Phosphor zinc silicate.
Sec. 1177. Strontium magnesium phosphate-tin doped.
Sec. 1178. Phosphor-yof flu pdr yox; yttrium oxide phosphor, activated
by europium.
[[Page 3064]]
120 STAT. 3064
Sec. 1179. Calcium chloride phosphate phosphor.
Sec. 1180. Ceramic frit powder.
Sec. 1181. Phosphor lite white and phosphor blue halo.
Sec. 1182. Phosphor-sca, strontium halophosphate doped with europium.
Sec. 1183. Phosphor-cool white small particle calcium halophosphate
phosphor activated by manganese and antimony.
Sec. 1184. Phosphor lap lanthanum phosphate phosphor, activated by
cerium and terbium.
Sec. 1185. Kashmir.
Sec. 1186. Certain articles of platinum.
Sec. 1187. Nickel alloy wire.
Sec. 1188. Titanium mononitride.
Sec. 1189. High accuracy, metal, marine sextants, used for navigating by
celestial bodies.
Sec. 1190. Electrically operated pencil sharpeners.
Sec. 1191. Valve assemblies (vacuum relief).
Sec. 1192. Seals, aerodynamic, fireproof.
Sec. 1193. Wing illumination lights.
Sec. 1194. Exterior emergency lights.
Sec. 1195. Magnesium peroxide.
Sec. 1196. Certain footwear other than for men.
Sec. 1197. Grass shears with rotating blade.
Sec. 1198. Cerium sulfide pigments.
Sec. 1199. Kresoxim methyl.
Sec. 1200. 4-piece or 5-piece fireplace tools of iron or steel.
Sec. 1201. RSD 1235.
Sec. 1202. MCPB acid and MCPB sodium salt.
Sec. 1203. Gibberellic acid.
Sec. 1204. Triphenyltin hydroxide.
Sec. 1205. Bromoxynil octonoate.
Sec. 1206. Methyl 3-(trifluoromethyl)benzoate.
Sec. 1207. 4-(Trifluoromethoxy)phenyl isocyanate.
Sec. 1208. 4-Methylbenzonitrile.
Sec. 1209. Diaminodecane.
Sec. 1210. Certain compounds of lanthanum phosphates.
Sec. 1211. Certain compounds of yttrium europium oxide coprecipitates.
Sec. 1212. Certain compounds of lanthanum, cerium, and terbium
phosphates.
Sec. 1213. Certain compounds of yttrium cerium phosphates.
Sec. 1214. Canned, boiled oysters, not smoked.
Sec. 1215. Boots.
Sec. 1216. Vinylidene chloride-methyl methacrylate-acrylonitrile
copolymer.
Sec. 1217. 1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized,
reduced hydrolyzed.
Sec. 1218. 1-Propene,1,1,2,3,3,3-hexafluoro-oxidized, polymerized.
Sec. 1219. 1-Propene, 1,1,2,3,3,3-hexafluoro-, telomer with
chlorotrifluoroethene, oxidized, reduced, ethyl ester,
hydrolyzed.
Sec. 1220. Infrared absorbing dye.
Sec. 1221. 1,1,2-2-Tetrafluoroethene, oxidized, polymerized.
Sec. 1222. Methoxycarbonyl-terminated perfluorinated polyoxymethylene-
polyoxyethylene.
Sec. 1223. Ethene, tetrafluoro, oxidized, polymerized, reduced,
decarboxylated.
Sec. 1224. Ethene, tetrafluoro, oxidized, polymerized reduced, methyl
esters, reduced, ethoxylated.
Sec. 1225. Oxiranemethanol, polymers with reduced methyl esters of
reduced polymerized oxidized tetrafluoroethylene.
Sec. 1226. Ethene, tetrafluoro, oxidized, polymerized reduced, methyl
esters, reduced.
Sec. 1227. Certain light-absorbing photo dyes.
Sec. 1228. Certain specialty monomers.
Sec. 1229. Suspension of duty on exoflex F BX7011.
Sec. 1230. Triphenyl phosphine.
Sec. 1231. Certain golf bag bodies.
Sec. 1232. Dichlorprop-p acid, dichlorprop-p dimethylamine salt, and
dichlorprop-p 2-ethylhexyl ester.
Sec. 1233. 2,4-db acid and 2,4-db dimethylamine salt.
Sec. 1234. Filament fiber tow of rayon.
Sec. 1235. Parts for use in the manufacture of certain high-performance
loudspeakers.
Sec. 1236. Certain plastic lamp-holder housings containing sockets.
Sec. 1237. Certain porcelain lamp-holder housings containing sockets.
Sec. 1238. Certain aluminum lamp-holder housings containing sockets.
Sec. 1239. Certain brass lamp-holder housings containing sockets.
[[Page 3065]]
120 STAT. 3065
Sec. 1240. Staple fibers of viscose rayon, not carded.
Sec. 1241. Staple fibers of rayon, carded, combed, or otherwise
processed.
Sec. 1242. Mini DVD camcorder with 680K pixel CCD.
Sec. 1243. Mini DVD camcorder with 20G HDD.
Sec. 1244. Metal halide lamp.
Sec. 1245. Hand-held electronic can openers.
Sec. 1246. Electric knives.
Sec. 1247. Toaster ovens with single-slot traditional toaster opening on
top of oven.
Sec. 1248. Ice shavers.
Sec. 1249. Dual-press sandwich makers with floating upper lid and lock.
Sec. 1250. Electric juice extractors greater than 300 watts but less
than 400 watts.
Sec. 1251. Electric juice extractors not less than 800 watts.
Sec. 1252. Open-top electric indoor grills.
Sec. 1253. Automatic drip coffeemakers other than those with clocks.
Sec. 1254. Automatic drip coffeemakers with electronic clocks.
Sec. 1255. Electric under-the-cabinet mounting can openers.
Sec. 1256. Dimethyl malonate.
Sec. 1257. Lightweight digital camera lenses.
Sec. 1258. Digital zoom camera lenses.
Sec. 1259. Color flat panel screen monitors.
Sec. 1260. Color monitors with a video display diagonal of 35.56 cm or
greater.
Sec. 1261. Color monitors.
Sec. 1262. Black and white monitors.
Sec. 1263. 6 V lead-acid storage batteries.
Sec. 1264. Zirconyl chloride.
Sec. 1265. Naphthol AS-CA.
Sec. 1266. Naphthol AS-KB.
Sec. 1267. Basic Violet 1.
Sec. 1268. Basic Blue 7.
Sec. 1269. 3-Amino-4-methylbenzamide.
Sec. 1270. Acetoacetyl-2,5-dimethoxy-4-chloroanilide.
Sec. 1271. Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester).
Sec. 1272. Synthetic indigo powder.
Sec. 1273. 1,3,5-Triazine-2,4-diamine, 6-[2-(2-methyl-1H-imidazol-1-
yl)ethyl]-.
Sec. 1274. 50/50 Mixture of 1,3,5-triazine-2,4,6(1H,3H,5H)-trione,
1,3,5-tris[(2r)-oxiranylmethyl]- and 1,3,5,-triazine-
2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2s)-oxiranylmethyl]-.
Sec. 1275. 9H-Thioxanthene-2-carboxaldehyde, 9-oxo-, 2-(o-acetyloxime).
Sec. 1276. 1H-Imidazole, 2-ethyl-4-methyl-.
Sec. 1277. 1H-Imidazole-4-methanol, 5-methyl-2-phenyl-.
Sec. 1278. 4-Cyclohexene-1,2-dicarboxylic acid, compd. With 1,3,5-
triazine-2,4,6-triamine (1:1).
Sec. 1279. 1,3,5,-Triazine-2,4-diamine, 6-[2-(2-undecyl-1H-imidazol-1-
yl)ethyl]-.
Sec. 1280. Certain footwear valued over $20 a pair with coated or
laminated textile fabrics.
Sec. 1281. Certain women's footwear with coated or laminated textile
fabrics.
Sec. 1282. Certain men's footwear with coated or laminated textile
fabrics.
Sec. 1283. Certain men's footwear valued over $20 a pair with coated or
laminated textile fabrics.
Sec. 1284. Certain women's footwear valued over $20 a pair with coated
or laminated textile fabrics.
Sec. 1285. Certain other footwear valued over $20 a pair with coated or
laminated textile fabrics.
Sec. 1286. Certain footwear with coated or laminated textile fabrics.
Sec. 1287. Certain other footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1288. Certain women's footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1289. Certain women's footwear not covering the ankle with coated
or laminated textile fabrics.
Sec. 1290. Felt-bottom boots for use in fishing waders.
Sec. 1291. Lug bottom boots for use in fishing waders.
Sec. 1292. Certain parts and accessories for measuring or checking
instruments.
Sec. 1293. Certain printed circuit assemblies.
Sec. 1294. Certain subassemblies for measuring equipment for
telecommunications.
Sec. 1295. Chloroneb.
Sec. 1296. p-Nitrobenzoic acid (PNBA).
Sec. 1297. Allyl pentaerythritol (APE).
Sec. 1298. Butyl ethyl propanediol (BEP).
Sec. 1299. BEPD70L.
Sec. 1300. Boltorn-1 (bolt-1).
Sec. 1301. Boltorn-2 (bolt-2).
[[Page 3066]]
120 STAT. 3066
Sec. 1302. Cyclic TMP formal (CTF).
Sec. 1303. DITMP.
Sec. 1304. Polyol DPP (DPP).
Sec. 1305. Hydroxypivalic acid (HPA).
Sec. 1306. TMPDE.
Sec. 1307. TMPME.
Sec. 1308. TMP oxetane (TMPO).
Sec. 1309. TMPO ethoxylate (TMPOE).
Sec. 1310. Amyl-anthraquinone.
Sec. 1311. T-butyl acrylate.
Sec. 1312. 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-
propenylamino)carbonyl]-, rel-(1R,6R)-, reaction products
with pentafluoroiodoethane-tetrafluoroethylene telomer,
ammonium salt.
Sec. 1313. Mixtures of phosphate ammonium salt derivatives of a
fluorochemical.
Sec. 1314. 1-(3H)-isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-
yl)-.
Sec. 1315. Mixture of poly[[6-[(1,1,3,3-tetramethylbutyl)amino]-1,3,5-
triazine-2,4-diyl] [2,2,6,6-tetramethyl-4-piperidinyl)imino]-
1,6-hexanediyl[(2,2,6,6-tetramethyl-4-piperidinyl)imino]])
and bis(2,2,6,6-tetramethyl-4-piperidyl) sebacate.
Sec. 1316. Certain bitumen-coated polyethylene sleeves specifically
designed to protect in-ground wood posts.
Sec. 1317. Nylon woolpacks used to package wool.
Sec. 1318. Magnesium zinc aluminum hydroxide carbonate hydrate.
Sec. 1319. C12-18 alkenes.
Sec. 1320. Acrypet UT100.
Sec. 1321. 5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(1R,S)-
(trifluoromethyl)-sulfinyl]-1H-pyrazole-3-carbonitrile
(Fipronil).
Sec. 1322. 2,3-Pyridinedicarboxylic acid.
Sec. 1323. Mixtures of 2-amino-2,3-dimethylbutylnitrile and toluene.
Sec. 1324. 2,3-Quinolinedicarboxylic acid.
Sec. 1325. 3,5-Difluoroaniline.
Sec. 1326. Clomazone.
Sec. 1327. Chloropivaloyl chloride.
Sec. 1328. N,N'-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4-
hydroxyphenylpropionamide)).
Sec. 1329. Reactive Red 268.
Sec. 1330. Reactive Red 270.
Sec. 1331. Certain glass thermo bulbs.
Sec. 1332. Pyriproxyfen.
Sec. 1333. Uniconazole-P.
Sec. 1334. Bispyribac-sodium.
Sec. 1335. Dinotefuran.
Sec. 1336. Etoxazole.
Sec. 1337. Bioallethrin.
Sec. 1338. S-Bioallethrin.
Sec. 1339. Tetramethrin.
Sec. 1340. Tralomethrin.
Sec. 1341. Flumiclorac-pentyl.
Sec. 1342. 1-Propene-2-methyl homopolymer.
Sec. 1343. Acronal-S-600.
Sec. 1344. Lucirin TPO.
Sec. 1345. Sokalan PG IME.
Sec. 1346. Lycopene 10 percent.
Sec. 1347. Mixtures of CAS Nos. 181274-15-7 and 208465-21-8.
Sec. 1348. 2-Methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)-1-
propanone.
Sec. 1349. 1,6-Hexanediamine, N,N- bis(2,2,6,6-tetramethyl-4-
piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine,
reaction products with n-butyl-1-butanamine and N-butyl-
2,2,6,6-tetramethyl-4- piperidinamine.
Sec. 1350. Vat Black 25.
Sec. 1351. Acid Orange 162.
Sec. 1352. Methyl salicylate.
Sec. 1353. 1,2-Octanediol.
Sec. 1354. Menthone glycerin acetal.
Sec. 1355. Pontamine Green 2b.
Sec. 1356. Bayderm bottom 10 UD.
Sec. 1357. Bayderm finish DLH.
Sec. 1358. Levagard DMPP.
Sec. 1359. Bayderm bottom DLV.
Sec. 1360. Certain ethylene-vinyl acetate copolymers.
Sec. 1361. Cyazofamid.
Sec. 1362. Flonicamid.
Sec. 1363. Zeta-cypermethrin.
[[Page 3067]]
120 STAT. 3067
Sec. 1364. 2-Ethylhexyl 4-methoxycinnamate.
Sec. 1365. Certain flame retardant plasticizers.
Sec. 1366. Baypure DS.
Sec. 1367. Bayowet C4.
Sec. 1368. Certain bicycle parts.
Sec. 1369. Other cycles.
Sec. 1370. Certain bicycle parts.
Sec. 1371. Certain bicycle parts.
Sec. 1372. (2-Chloroethyl)phosphonic acid (Ethephon).
Sec. 1373. Preparations containing, 2-(1-(((3-chloro-2-
propenyl)oxy)imino)propyl)-5-(2-(ethylthio)propyl)-3-hydroxy-
2-cyclohexene-1-one (Clethodim).
Sec. 1374. Urea, polymer with formaldehyde (pergopak).
Sec. 1375. Ortho nitroaniline.
Sec. 1376. 2,2 -(2,5-thiophenediyl)bis(5-(1,1-
dimethylethyl)benzoxazole).
Sec. 1377. Certain chemicals and chemical mixtures.
Sec. 1378. Acid Red 414.
Sec. 1379. Solvent Yellow 163.
Sec. 1380. 4-Amino-3,6-bis[[5-[[4-chloro-6-[methyl[2-(methylamino)-2-
oxoethyl]amino]-1,3,5-triazin-2-yl]amino]-2-sulfophenyl]azo]-
5-hydroxy-2,7-naphthalenedisulfonic acid, lithium potassium
sodium salt.
Sec. 1381. Reactive Red 123.
Sec. 1382. Reactive Blue 250.
Sec. 1383. Reactive Black 5.
Sec. 1384. 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-
hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-
pyridinecarbonitrile.
Sec. 1385. Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-
ylidene]-acetic acid, pentyl ester.
Sec. 1386. [(9,10-Dihydro-9,10-dioxo-1,4-anthracenediyl)bis[imino[3-(2-
methylpropyl)-3,1-propanediyl]]]bisbenzenesulfonic acid,
disodium salt.
Sec. 1387. [4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b']difuran-
3-yl)phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1388. 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b']difuran-2,6-
dione.
Sec. 1389. 2-[[[2, 5-Dichloro-4-[(2-methyl-1H-indol-3-
yl)azo]phenyl]sulfonyl]amino]-ethanesulfonic acid, monosodium
salt.
Sec. 1390. 2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[(3-
sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-
[[2-(sulfoxy)ethyl]sulfonyl]phenyl]azo]-, sodium salt.
Sec. 1391. 7-[[2-[(Aminocarbonyl)amino]-4-[[4-[4-[2-[[4-[[3-
[(aminocarbonyl) amino]-4-[(3,6,8-trisulfo-2-
naphthalenyl)azo]phenyl]amino]-6-chloro-1,3,5-triazin-2-
yl]amino]ethyl]- 1-piperazinyl]-6-chloro-1,3,5-triazin-2-
yl]amino]phenyl]azo]-1,3,6-naphthalenetrisulfonic acid,
lithium potassium sodium salt.
Sec. 1392. 4-[[3-(Acetylamino)phenyl]amino]-1-amino-9,10-dihydro-9,10-
dioxo-2-anthracenesulfonic acid, monosodium salt.
Sec. 1393. [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-
b ]difuran-3-yl]phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1394. Basic Yellow 40 chloride based.
Sec. 1395. Direct Yellow 119.
Sec. 1396. Naugard 412s.
Sec. 1397. Triacetonamine.
Sec. 1398. Ipconazole.
Sec. 1399. Omite tech.
Sec. 1400. Pantera technical.
Sec. 1401. p-Toluenesulfonyl chloride.
Sec. 1402. Preformed pellets of a mixture of sodium iodide, thallium
iodide, dysprosium tri-iodide, holmium tri-iodide, thulium
tri-iodide, and sometimes calcium iodide.
Sec. 1403. p-Aminobenzamide (4-aminobenzamide).
Sec. 1404. p-Chloroaniline.
Sec. 1405. 4-Chloro-2-nitroaniline.
Sec. 1406. o-Chloro-p-toluidine (3-chloro-4-methylaniline).
Sec. 1407. 2-Chloroacetoacetanilide.
Sec. 1408. p-Acetoacetanisidide.
Sec. 1409. 1-Hydroxy-2-naphthoic acid.
Sec. 1410. Pigment Green 7 crude, not ready for use as a pigment.
Sec. 1411. 1,8-Naphthalimide (1H-benz[de]isoquinoline-1,3(2H)-dione).
Sec. 1412. Diisopropyl succinate.
Sec. 1413. 2,4-Di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol.
Sec. 1414. Direct Black 22.
Sec. 1415. Methylene bis-benzotriazolyl tetramethylbutylphenol.
Sec. 1416. Bis-ethylhexyloxyphenol methoxyphenol triazine.
Sec. 1417. Reactive Orange 132.
[[Page 3068]]
120 STAT. 3068
Sec. 1418. Acid Black 244.
Sec. 1419. Certain cores used in remanufacture.
Sec. 1420. ADTP.
Sec. 1421. DCBTF.
Sec. 1422. Noviflumuron.
Sec. 1423. Parachlorobenzotrifluoride.
Sec. 1424. Mixtures of insecticide.
Sec. 1425. Mixture of fungicide.
Sec. 1426. 1,2-Benzisothiazol-3(2H)-one.
Sec. 1427. Styrene, ar-ethyl-, polymer with divinylbenzene and styrene
(6CI) beads with low ash.
Sec. 1428. Mixtures of fungicide.
Sec. 1429. 2-Methyl-4-chlorophenoxy-acetic acid, di-methylamine salt.
Sec. 1430. Charge control agent 7.
Sec. 1431. Pro-jet Black 820 liquid feed.
Sec. 1432. Pro-jet Magenta M700.
Sec. 1433. Pro-jet Fast Black 287 NA liquid feed.
Sec. 1434. Pro-jet Fast Black 286 stage.
Sec. 1435. Pro-jet Cyan 485 stage.
Sec. 1436. Pro-jet Black 661 liquid feed.
Sec. 1437. Pro-jet Black Cyan 854 liquid feed.
Sec. 1438. Erasers.
Sec. 1439. Artificial flowers.
Sec. 1440. Suspension system stabilizer bars.
Sec. 1441. Rattan webbing.
Sec. 1442. Tractor body parts.
Sec. 1443. AC electric motors of an output exceeding 74.6 W but not
exceeding 85 W.
Sec. 1444. AC electric motors of an output exceeding 74.6 W but not
exceeding 105 W.
Sec. 1445. AC electric motors of an output exceeding 74.6 W but not
exceeding 95 W.
Sec. 1446. Certain AC electric motors.
Sec. 1447. Viscose rayon yarn.
Sec. 1448. Certain twisted yarn of viscose rayon.
Sec. 1449. Allyl ureido monomer.
Sec. 1450. Synthetic elastic staple fiber.
Sec. 1451. Certain fiberglass sheets.
Sec. 1452. Halophosphor calcium diphosphate.
Sec. 1453. Certain rayon staple fibers.
Sec. 1454. Synthetic quartz or fused silica photomask substrates.
Sec. 1455. Certain integrated machines for manufacturing pneumatic
tires.
Sec. 1456. Tramway cars.
Sec. 1457. Certain artificial filament single yarn (other than
sewingthread).
Sec. 1458. Certain electrical transformers rated at 25VA.
Sec. 1459. Certain electrical transformers rated at 40VA.
Chapter 2--Reductions
Sec. 1461. Floor coverings and mats of vulcanized rubber.
Sec. 1462. Manicure and pedicure sets.
Sec. 1463. Nitrocellulose.
Sec. 1464. Sulfentrazone technical.
Sec. 1465. Clock radio combos.
Sec. 1466. Thiamethoxam technical.
Sec. 1467. Staple fibers of viscose rayon, not carded, combed, or
otherwise processed for spinning.
Sec. 1468. Certain men's footwear covering the ankle with coated or
laminated textile fabrics.
Sec. 1469. Certain footwear not covering the ankle with coated or
laminated textile fabrics.
Sec. 1470. Acrylic or modacrylic synthetic staple fibers, not carded,
combed, or otherwise processed for spinning.
Sec. 1471. Certain women's footwear.
Sec. 1472. Numerous other seals made of rubber or silicone, and covered
with, or reinforced with, a fabric material.
Sec. 1473. Tetrakis.
Sec. 1474. Glycine, N,N-bis[2-hydroxy-3-(2-propenyloxy)propyl]-,
monosodium salt, reaction products with ammonium hydroxide
and pentafluoroiodoethane-tetrafluoroethylene telomer.
Sec. 1475. Diethyl ketone.
Sec. 1476. Acephate.
[[Page 3069]]
120 STAT. 3069
Sec. 1477. Flumioxazin.
Sec. 1478. Garenoxacin mesylate.
Sec. 1479. Butylated hydroxyethylbenzene.
Sec. 1480. Certain automotive catalytic converter mats.
Sec. 1481. 3,3'-Dichlorobenzidine dihydrochloride.
Sec. 1482. TMC114.
Sec. 1483. Biaxially oriented polypropylene dielectric film.
Sec. 1484. Biaxially oriented polyethylene terephthalate dielectric
film.
Sec. 1485. Certain bicycle parts.
Sec. 1486. Certain bicycle parts.
Sec. 1487. Bifenthrin.
Sec. 1488. Reduced Vat 1.
Sec. 1489. 4-Chlorobenzonitrile.
Sec. 1490. Nail clippers and nail files.
Sec. 1491. Electric automatic shower cleaners.
Sec. 1492. Mesotrione technical.
Sec. 1493. Certain crank-gear and other bicycle parts.
Subtitle B--Existing Suspensions and Reductions
Sec. 1501. Extensions of existing suspensions and other modifications.
Subtitle C--Effective Date
Sec. 1511. Effective date.
TITLE II--RELIQUIDATIONS
Sec. 2001. Reliquidation of certain entries of certain small diameter
carbon and alloy seamless standard, line and pressure pipe
from Romania.
Sec. 2002. Certain entries of pasta.
Sec. 2003. Clarification of reliquidation provision.
Sec. 2004. Reliquidation of certain drawback claim.
Sec. 2005. Payment of interest on amounts owed pursuant to reliquidation
of certain entries.
TITLE III--TECHNICAL CORRECTIONS AND OTHER PROVISIONS
Subtitle A--Technical corrections
Sec. 3001. Amendments to the HTS.
Sec. 3002. Technical correction to the Tariff Act of 1930.
Sec. 3003. Amendments to the Pension Protection Act of 2006.
Sec. 3004. NMSBA.
Sec. 3005. Certain monochrome glass envelopes.
Sec. 3006. Flexible magnets and composite goods containing flexible
magnets.
Sec. 3007. Cellar treatment of wine.
Subtitle B--Other Provisions
Sec. 3011. Consideration of certain civil actions delayed because of the
terrorist attacks of September 11, 2001.
Sec. 3012. Effective date of modifications to the Harmonized Tariff
Schedule.
TITLE IV--EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS TREATMENT) TO THE PRODUCTS OF VIETNAM
Sec. 4001. Findings.
Sec. 4002. Termination of application of title IV of the Trade Act of
1974 to Vietnam.
Sec. 4003. Procedure for determining prohibited subsidies by Vietnam.
Sec. 4004. Consultations upon initiation of investigation.
Sec. 4005. Public participation and consultation.
Sec. 4006. Arbitration and imposition of quotas.
Sec. 4007. Definitions.
TITLE V--HAITI
Sec. 5001. Short title.
Sec. 5002. Trade benefits for Haiti.
Sec. 5003. ITC study.
Sec. 5004. Sense of Congress on interpretation of textile and apparel
provisions for Haiti.
Sec. 5005. Technical amendments.
Sec. 5006. Effective date.
TITLE VI--AFRICAN GROWTH AND OPPORTUNITY ACT
Sec. 6001. Short title.
[[Page 3070]]
120 STAT. 3070
Sec. 6002. Preferential treatment of apparel products of lesser
developed countries.
Sec. 6003. Technical corrections.
Sec. 6004. Effective date for AGOA.
TITLE VII--ANDEAN TRADE PREFERENCE ACT
Sec. 7001. Short title.
Sec. 7002. ATPA extension.
Sec. 7003. Technical amendments.
TITLE VIII--GENERALIZED SYSTEM OF PREFERENCES (GSP) PROGRAM
Sec. 8001. Limitations on waivers of competitive need limitation.
Sec. 8002. Extension of GSP program.
TITLE I--TARIFF PROVISIONS
SEC. 1001. REFERENCE; EXPIRED PROVISIONS.
(a) Reference.--Except as otherwise expressly provided, whenever in
this title, title II, and title III an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a chapter, subchapter, note,
additional U.S. note, heading, subheading, or other provision, the
reference shall be considered to be made to a chapter, subchapter, note,
additional U.S. note, heading, subheading, or other provision of the
Harmonized Tariff Schedule of the United States (19 U.S.C. 3007).
(b) Expired Provisions.--Subchapter II of chapter 99 is amended by
striking the following headings:
[[Page 3071]]
120 STAT. 3071
9902.32.20
9902.05.34 9902.32.23
9902.06.01 9902.32.24
9902.06.62 9902.32.25
9902.08.10 9902.32.44 (relating to CAS No. 201932-24-3)
9902.19.80 9902.32.44 (relating to CAS No. 186537-30-4)
9902.20.05 9902.32.46
9902.21.06 9902.32.50
9902.21.42 9902.32.53
9902.26.11 9902.32.58
9902.28.40 9902.32.59
9902.28.94 9902.32.60
9902.29.01 9902.32.64
9902.29.04 9902.32.65
9902.29.05 9902.32.66
9902.29.06 (relating to racemic dl-menthol) 9902.32.67
9902.29.13 9902.32.80
9902.29.14 9902.32.81
9902.29.27 9902.32.84
9902.29.30 9902.32.86
9902.29.31 9902.32.88
9902.29.33 9902.32.96
9902.29.39 9902.32.98
9902.29.40 9902.37.01
9902.29.41 9902.37.02
9902.29.42 9902.38.00
9902.29.47 9902.38.01
9902.29.56 9902.38.02
9902.29.63 9902.38.03
9902.29.68 9902.38.13
9902.29.69 9902.38.20
9902.29.75 9902.38.22
9902.29.76 9902.38.24
9902.29.78 9902.38.29
9902.29.79 9902.38.30
9902.29.84 9902.38.50
9902.29.85 9902.38.51
9902.29.86 9902.38.53
9902.29.88 9902.39.07
9902.29.92 9902.39.31
9902.29.94 9902.39.32
9902.29.96 9902.52.01
9902.29.97 9902.52.03
9902.29.99 9902.70.01
9902.30.08 9902.84.00
9902.30.11 9902.84.16
9902.30.13 9902.84.19
9902.30.46 9902.84.30
9902.32.05 9902.84.40
9902.32.06 9902.84.70
9902.32.09 9902.85.00
9902.32.10 9902.90.20
9902.32.15 9902.98.07
9902.32.17
Subtitle A--New Duty Suspensions and Reductions
CHAPTER 1--NEW DUTY SUSPENSIONS
SEC. 1111. DIETHYL SULFATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3072]]
120 STAT. 3072
`` 9902.22.01 Diethyl sulfate Free No change No change On or before 12/
(CAS No. 64-67-5) 31/2009 ''.
(provided for in
subheading
2920.90.50)......
SEC. 1112. SORAFENIB.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.02 4-(4-{3-[4-Chloro- Free No change No change On or before 12/ ''.
3- 31/2009
(trifluoromethyl)
phenyl]ureido}phe
noxy)-N-2-
methylpyridine-2-
carboxamide 4-
methylbenzenesulf
onate (Sorafenib
tosylate) (CAS
No. 475207-59-1)
(provided for in
subheading
2933.39.41)......
SEC. 1113. PROHEXADIONE CALCIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.03 Prohexadione Free No change No change On or before 12/ ''.
calcium (calcium 31/2009
3-oxido-5-oxo-4-
propionylcyclohex
a-3-
enecarboxylate)
(CAS No. 127277-
53-6) (provided
for in subheading
2918.30.90)......
SEC. 1114. METHYL METHOXYACETATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.04 Methyl Free No change No change On or before 12/ ''.
methoxyacetate 31/2009
(CAS No. 6290-49-
9) (provided for
in subheading
2918.90.50)......
SEC. 1115. METHOXYACETIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3073]]
120 STAT. 3073
`` 9902.22.05 Methoxyacetic Free No change No change On or before 12/ ''.
acid (CAS No. 625- 31/2009
45-6) (provided
for in subheading
2918.90.50)......
SEC. 1116. N-METHYLPIPERIDINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.06 N- Free No change No change On or before 12/ ''.
Methylpiperidine 31/2009
(CAS No. 626-67-
5) (provided for
in subheading
2933.39.61)......
SEC. 1117. QUINCLORAC TECHNICAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.07 3,7- Free No change No change On or before 12/ ''.
Dichloroquinoline- 31/2009
8-carboxylic acid
(Quinclorac) (CAS
No. 84087-01-4)
(provided for in
subheading
2933.49.30)......
SEC. 1118. PYRIDABEN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.08 2-Tert-butyl-5-(4- Free No change No change On or before 12/ ''.
tert- 31/2009
butylbenzylthio)-
4-chloropyridazin-
3(2H)-one
(Pyridaben) (CAS
No. 96489-71-3)
(provided for in
subheading
2933.99.22)......
SEC. 1119. CERTAIN RUBBER OR PLASTIC FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3074]]
120 STAT. 3074
`` 9902.22.09 Footwear for Free No change No change On or before 12/ ''.
persons other 31/2009
than women, with
outer soles of
leather or
composition
leather and with
uppers of textile
materials
(provided for in
subheading
6404.20.60)......
SEC. 1120. SODIUM ORTHO-PHENYLPHENOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.10 2-Phenylphenol Free No change No change On or before 12/ ''.
sodium salt (CAS 31/2009
No. 132-27-4)
(provided for in
subheading
2907.19.80)......
SEC. 1121. CERTAIN CHEMICAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.11 Adsorbent resin Free No change No change On or before 12/ ''.
comprised of a 31/2009
macroporous
polymer of
diethenylbenzene
(CAS No. 9003-69-
4) (provided for
in subheading
3911.90.90)......
SEC. 1122. BAYPURE CX.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.12 Iminodisuccinic Free No change No change On or before 12/ ''.
acid, triammonium 31/2009
salt, in aqueous
solutions (CAS
No. 415719-09-04)
(provided for in
subheading
2922.49.80)......
SEC. 1123. ISOEICOSANE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3075]]
120 STAT. 3075
`` 9902.22.13 Isoeicosane (CAS Free No change No change On or before 12/ ''.
No. 93685-79-1) 31/2009
(provided for in
subheading
2710.19.90)......
SEC. 1124. ISODODECANE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.14 Isododecane (CAS Free No change No change On or before 12/ ''.
No. 31807-55-3) 31/2009
(provided for in
subheading
2710.11.90)......
SEC. 1125. ISOHEXADECANE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.15 Isohexadecane (CAS Free No change No change On or before 12/ ''.
No. 60908-77-2) 31/2009
(provided for in
subheading
2710.19.90)......
SEC. 1126. AMINOGUANIDINE BICARBONATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.16 Aminoguanidine Free No change No change On or before 12/ ''.
bicarbonate (CAS 31/2009
No. 2582-30-1)
(provided for in
subheading
2928.00.50)......
SEC. 1127. O-CHLOROTOLUENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
`` 9902.22.17 2-Chlorotoluene Free No change No change On or before 12/ ...
(CAS No. 95-49-8) 31/2009
(provided for in
subheading
2903.69.80)......
9902.22.18 Chloromethylbenzen Free No change No change On or before 12/ ''.
e (CAS No. 25168- 31/2009
05-2) (provided
for in subheading
2903.69.80)......
[[Page 3076]]
120 STAT. 3076
SEC. 1128. BAYDERM BOTTOM DLV-N.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.19 Aqueous Free No change No change On or before 12/ ''.
polyurethane 31/2009
dispersions
containing 38
percent to 42
percent solids
content of
propanoic acid, 3-
hydroxy-2-
(hydroxymethyl)-2-
methyl-,polymer
with 2-[(2-
aminoethyl)amino]
ethanesulfonic
acid monosodium
salt, 1,6-
diisocyanatohexan
e, dimethyl
carbonate, 1,2-
ethanediamine,
1,6-hexanediol,
hydrazine, and a-
hydro-v-
hydroxypoly[oxy(m
ethyl-1,2-
ethanediyl)],
polyethylene-
polypropylene
glycol monobutyl
ether blocked
(CAS No. 841251-
36-3) (provided
for in subheading
3909.50.50)......
SEC. 1129. 2,3-DICHLORONITROBENZENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.20 2,3- Free No change No change On or before 12/ ''.
Dichloronitrobenz 31/2009
ene (CAS No. 3209-
22-1) (provided
for in subheading
2904.90.47)......
SEC. 1130. 1-METHOXY-2-PROPANOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.21 1-Methoxy-2- Free No change No change On or before 12/ ''.
propanol (CAS No. 31/2009
107-98-2)
(provided for in
subheading
2909.49.60)......
SEC. 1131. BASIC RED 1 DYE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.22 Basic Red 1 (CAS Free No change No change On or before 12/ ''.
No. 989-38-8) 31/2009
(provided for in
subheading
3204.13.80)......
[[Page 3077]]
120 STAT. 3077
SEC. 1132. BASIC RED 1:1 DYE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.23 Basic Red 1:1 Free No change No change On or before 12/ ''.
(CAS No. 3068-39- 31/2009
1) (provided for
in subheading
3204.13.80)......
SEC. 1133. BASIC VIOLET 11 DYE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.24 Basic Violet 11 Free No change No change On or before 12/ ''.
(CAS No. 2390-63- 31/2009
8) (provided for
in subheading
3204.13.80)......
SEC. 1134. BASIC VIOLET 11:1 DYE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.25 Basic Violet 11:1 Free No change No change On or before 12/ ''.
(CAS No. 39393-39- 31/2009
0) (provided for
in subheading
3204.13.80)......
SEC. 1135. N-CYCLOHEXYLTHIOPHTHALIMIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.26 N- Free No change No change On or before 12/ ''.
Cyclohexylthiopht 31/2009
halimide (CAS No.
17796-82-6)
(provided for in
subheading
2930.90.24)......
SEC. 1136. 4,4'-DITHIODIMORPHOLINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.27 4,4- Free No change No change On or before 12/ ''.
Dithiodimorpholin 31/2009
e (CAS No. 103-34-
4) (provided for
in subheading
2930.90.90)......
[[Page 3078]]
120 STAT. 3078
SEC. 1137. TETRAETHYLTHIURAM DISULFIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.28 Tetraethylthiuram Free No change No change On or before 12/ ''.
disulfide (CAS 31/2009
No. 97-77-8)
(provided for in
subheading
2930.30.60)......
SEC. 1138. CERTAIN TETRAMETHYLTHIURAM DISULFIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.29 Tetramethylthiura Free No change No change On or before 12/ ''.
m disulfide (CAS 31/2009
No. 137-26-8)
(provided for in
subheading
2930.30.60)......
SEC. 1139. CERTAIN AEROSOL VALVES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.30 Aerosol valves Free No change No change On or before 12/ ''.
designed to 31/2009
deliver a metered
dose (50
microliters) of a
pressurized
liquid
pharmaceutical
product, having a
mounting cup with
inside diameter
of 20.1 mm and
height (skirt to
shoulder) of 7.49
mm with a stem
outside diameter
of 2.79 mm, with
such components
of stainless
steel and buna
rubber and with a
retaining cup of
aluminum
(provided for in
subheading
8481.80.30)......
SEC. 1140. 4-METHYL-5-N-PROPOXY-2,4-DIHYDRO-1,2,4-TRIAZOL-3-ONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3079]]
120 STAT. 3079
`` 9902.22.31 4-Methyl-5-n- Free No change No change On or before 12/ ''.
propoxy-2,4- 31/2009
dihydro-1,2,4-
triazol-3-one
(CAS No. 145027-
96-9) (provided
for in subheading
2933.99.97)......
SEC. 1141. ETHOXYQUIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.32 Ethoxyquin (1,2- Free No change No change On or before 12/ ''.
dihydro-6-ethoxy- 31/2009
2,2,4-
trimethylquinolin
e) (CAS No. 91-53-
2) (provided for
in subheading
2933.49.10)......
SEC. 1142. TRICHOLOROBENZENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.33 1,2,4- Free No change No change On or before 12/ ''.
Trichlorobenzene 31/2009
(CAS No. 120-82-
1) (provided for
in subheading
2903.69.10)......
SEC. 1143. BENZOIC ACID, 3,4,5-TRIHYDROXY-, PROPYL ESTER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.34 Benzoic acid, Free No change No change On or before 12/ ''.
3,4,5-trihydroxy- 31/2009
, propyl ester
(CAS No. 121-79-
9) (propyl
gallate)
(provided for in
subheading
2918.29.75)......
SEC. 1144. 2-CYANOPYRIDINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3080]]
120 STAT. 3080
`` 9902.22.35 2-Cyanopyridine Free No change No change On or before 12/ ''.
(CAS No. 100-70- 31/2009
9) (provided for
in subheading
2933.39.91)......
SEC. 1145. MIXED XYLIDINES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.36 Mixed xylidines (CAS Free No change No change On or before 12/
No. 1300-73-8) 31/2009 ''
(provided for in .
subheading
2921.49.50)..........
SEC. 1146. CERTAIN RECEPTION APPARATUS NOT CONTAINING A CLOCK OR CLOCK
TIMER, INCORPORATING ONLY AM RADIO.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.37 Radiobroadcast Free No change No change On or before 12/ ''.
receivers capable 31/2009
of operating
without an
external source
of power, not
containing a
clock or clock
timer in the same
housing, each
containing only
an AM
radiobroadcast
receiver
(provided for in
subheading
8527.19.50)......
SEC. 1147. PIGMENT YELLOW 219.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.38 Pigment Yellow 219 Free No change No change On or before 12/ ''.
(CAS No. 347174- 31/2009
87-2) (provided
for in subheading
3204.17.60)......
SEC. 1148. PIGMENT BLUE 80.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3081]]
120 STAT. 3081
`` 9902.22.39 Pigment Blue 80 Free No change No change On or before 12/ ''.
(CAS No. 391663- 31/2009
82-4) (provided
for in subheading
3204.17.60)......
SEC. 1149. 1-OXA-3, 20-DIAZADISPIRO-[5.1.11.2]-HENEICOSAN-21-ONE,
2,2,4,4-TETRAMETHYL-,HYDROCHLORIDE, REACTION PRODUCTS WITH
EPICHLOROHYDRIN, HYDROLYZED, POLYMERIZED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.40 1-Oxa-3,20- Free No change No change On or before 12/ '
diazadispiro- 31/2009 '.
[5.1.11.2]-
heneicosan-21-
one,2,2,4,4-
tetramethyl-
,hydrochloride,
reaction products
with
epichlorohydrin,
hydrolyzed,
polymerized (CAS
No. 202483-55-4)
(provided for in
subheading
3911.90.25)......
SEC. 1150. ISOBUTYL PARAHYDROXYBENZOIC ACID AND ITS SODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.41 Isobutyl 4- Free No change No change On or before 12/
hydroxybenzoate 31/2009 ''
(CAS No. 4247-02- .
3) and its sodium
salt (CAS No.
84930-15-4)
(provided for in
subheading
2918.29.65).......
SEC. 1151. PHOSPHINIC ACID, DIETHYL-, ALUMINUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.42 Phosphinic acid, Free No change No change On or before 12/ '
diethyl-, 31/2009 '.
aluminum salt
(CAS No. 225789-
38-8) (provided
for in subheading
2931.00.90)......
SEC. 1152. EXOLIT OP 1312.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3082]]
120 STAT. 3082
`` 9902.22.43 Phosphinic acid, Free No change No change On or before 12/ ''.
diethyl-, 31/2009
aluminum salt
(CAS No. 225789-
38-8) with
synergists and
encapsulating
agents (provided
for in subheading
3824.90.91)......
SEC. 1153. SODIUM HYPOPHOSPHITE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.44 Sodium Free No change No change On or before 12/ ''.
hypophosphite 31/2009
monohydrate (CAS
No. 10039-56-2)
(provided for in
subheading
2835.10.00)......
SEC. 1154. CYANURIC CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.45 Cyanuric chloride Free No change No change On or before 12/ ''.
(CAS No. 108-77- 31/2009
0) (provided for
in subheading
2933.69.60)......
SEC. 1155. CERTAIN LEATHER FOOTWEAR FOR PERSONS OTHER THAN MEN OR WOMEN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.46 Other footwear Free No change No change On or before 12/ ''.
with uppers of 31/2009
leather or
composition
leather, for
persons other
than for men or
women (provided
for in subheading
6405.10.00)......
SEC. 1156. CERTAIN OTHER WORK FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3083]]
120 STAT. 3083
`` 9902.22.47 Other work Free No change No change On or before 12/ ''.
footwear for 31/2009
women, with outer
soles and uppers
of rubber or
plastics, other
than house
slippers and
other than tennis
shoes, basketball
shoes, gym shoes,
training shoes
and the like
(provided for in
subheading
6402.99.18)......
SEC. 1157. CERTAIN TURN OR TURNED FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.48 Turn or turned Free No change No change On or before 12/ ''.
footwear with 31/2009
outer soles of
leather and
uppers of
leather, other
than for men or
women (provided
for in subheading
6403.59.15)......
SEC. 1158. CERTAIN WORK FOOTWEAR WITH OUTER SOLES OF LEATHER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.49 Footwear with Free No change No change On or before 12/ ''.
outer soles of 31/2009
leather and
uppers of
leather, covering
the ankle, other
than for women
(provided for in
subheading
6403.51.90)......
SEC. 1159. CERTAIN FOOTWEAR WITH OUTER SOLES OF RUBBER OR PLASTICS AND
WITH OPEN TOES OR HEELS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3084]]
120 STAT. 3084
`` 9902.22.50 Footwear with Free No change No change On or before 12/ ''.
outer soles of 31/2009
rubber or
plastics and
uppers of textile
materials other
than of vegetable
fibers, with open
toes or open
heels, the
foregoing other
than house
slippers and
other than
footwear for
women (provided
for in subheading
6404.19.30)......
SEC. 1160. CERTAIN ATHLETIC FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.51 Footwear with Free No change No change On or before 12/ ''.
outer soles of 31/2009
leather or
composition
leather and
uppers of textile
materials, valued
over $2.50 per
pair, the
foregoing other
than for men or
women (provided
for in subheading
6404.20.40)......
SEC. 1161. CERTAIN WORK FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.22.52 Work footwear Free No change No change On or before 12/ ''.
with outer soles 31/2009
of rubber,
plastics, leather
or composition
leather and
uppers of
leather, not
covering the
ankle (provided
for in subheading
6403.99.60 or
6403.99.90)......
SEC. 1162. CERTAIN FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3085]]
120 STAT. 3085
`` 9902.22.53 Footwear with Free No change No change On or before 12/ ''.
outer soles and 31/2009
uppers of rubber
or plastics,
incorporating a
protective metal
toecap, having
uppers of which
over 90 percent
of the external
surface area
(including any
accessories or
reinforcements
such as those
mentioned in note
4(a) to chapter
64) is rubber or
plastics
(provided for in
subheading
6402.30.30)......
SEC. 1163. 1-NAPHTHYL METHYLCARBAMATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.54 1-Naphthyl Free No change No change On or before 12/
methylcarbamate 31/2009 ''
(Carbaryl) (CAS No. .
63-25-2) (provided
for in subheading
2924.29.47)..........
SEC. 1164. CERTAIN 16-INCH VARIABLE SPEED SCROLL SAW MACHINES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.55 Variable speed scroll Free No change No change On or before 12/
sawing machines each 31/2009 ''
having a throat depth .
of approximately 406
mm, new (provided for
in subheading
8465.91.00)..........
SEC. 1165. 3,4-DIMETHOXYBENZALDEHYDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.56 3,4- Free No change No change On or before 12/
Dimethoxybenzaldehyde 31/2009 ''
(CAS No. 120-14-9) .
(provided for in
subheading
2912.49.25)..........
SEC. 1166. 2-AMINOTHIOPHENOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3086]]
120 STAT. 3086
----------------------------------------------------------------------------------------------------------------
`` 9902.22.57 2-Aminothiophenol (CAS Free No change No change On or before 12/
No. 137-07-5) 31/2009 ''
(provided for in .
subheading
2930.90.29)..........
SEC. 1167. SOLVENT RED 227.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.58 Solvent Red 227 (CI Free No change No change On or before 12/
60510) (provided for 31/2009 ''
in subheading .
3204.19.25)..........
SEC. 1168. MIXTURES OF FORMALDEHYDE POLYMER AND TOLUENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.59 Formaldehyde, polymer Free No change No change On or before 12/
with toluene (CAS No. 31/2009 ''
25155-81-1) (provided .
for in subheading
3911.90.25)..........
SEC. 1169. 1,2-BIS(3-AMINOPROPYL)ETHYLENEDIAMINE, POLYMER WITH N-BUTYL-
2,2,6,6-TETRAMETHYL-4-PIPERIDINAMINE AND 2,4,6-TRICHLORO-
1,3,5-TRIAZINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.60 1,2-Bis(3- Free No change No change On or before 12/
aminopropyl)ethylened 31/2009 ''
iamine, polymer with .
N-butyl-2,2,6,6-
tetramethyl-4-
piperidinamine and
2,4,6-trichloro-1,3,5-
triazine (CAS No.
136504-96-6)
(provided for in
subheading
3812.30.60)..........
SEC. 1170. MIXTURE OF BARIUM CARBONATE, STRONTIUM CARBONATE, CALCIUM
CARBONATE, 1-METHOXY-2-PROPANANOL ACETATE, FOR USE AS
EMITTER SUSPENSION CATHODE COATING.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.61 A mixture of Free No change No change On or before 12/ ''.
barium carbonate, 31/2009
strontium
carbonate,
calcium
carbonate, and 1-
methoxy-2-
propanol acetate,
for use as
emitter
suspension
cathode coating
(CAS Nos. 513-77-
9, 1633-05-2, 471-
34-1, and 108-65-
6) (provided for
in subheading
3824.90.91)......
[[Page 3087]]
120 STAT. 3087
SEC. 1171. RESIN CEMENT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.62 Resin cement based Free No change No change On or before 12/ ''.
on calcium 31/2009
carbonate and
silicone resins
(CAS Nos. 471-34-
1 and 68037-83-2)
(provided for in
subheading
3214.10.00)......
SEC. 1172. PHOSPHOR YOX, YTTRIUM OXIDE PHOSPHOR, ACTIVATED BY EUROPIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.63 Yttrium oxide Free No change No change On or before 12/ ''.
phosphor, 31/2009
activated by
europium of a
kind used as a
luminophore (CAS
No. 68585-82-0)
(provided for in
subheading
3206.50.00)......
SEC. 1173. PHOSPHOR-BAG-BARIUM MAGNESIUM ALUMINATE PHOSPHOR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.64 Compound of barium Free No change No change On or before 12/ ''.
magnesium 31/2009
aluminate
phosphor,
activated by
europium or
manganese, of a
kind used as
luminophores (CAS
Nos. 63774-55-0
and 1308-96-9)
(provided for in
subheading
3206.50.00)......
SEC. 1174. YTTRIUM VANADATE PHOSPHOR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.65 Yttrium vanadate Free No change No change On or before 12/ ''.
phosphor, of a 31/2009
kind used as a
luminophore (CAS
No. 6874-82-7)
(provided for in
subheading
3206.50.00)......
SEC. 1175. PHOSPHOR SCAP STRONTIUM CHLOROAPATITE-EUROPIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.66 Compound of Free No change No change On or before 12/ ''.
strontium 31/2009
chloroapatite-
europium, of a
kind used as a
luminophore (CAS
No. 68784-77-0)
(provided for in
subheading
3206.50.00)......
[[Page 3088]]
120 STAT. 3088
SEC. 1176. PHOSPHOR ZINC SILICATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.67 Phosphor of zinc Free No change No change On or before 12/ ''.
silicate, of a 31/2009
kind used as a
luminophore (CAS
No. 68611-47-2)
(provided for in
subheading
3206.50.00)......
SEC. 1177. STRONTIUM MAGNESIUM PHOSPHATE-TIN DOPED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.68 Strontium Free No change No change On or before 12/ ''.
magnesium 31/2009
phosphate-tin
doped inorganic
products of a
kind used as
luminophores (CAS
Nos. 1314-11-0,
1314-56-3, 1309-
48-4, and 18282-
10-5) (provided
for in subheading
3206.50.00)......
SEC. 1178. PHOSPHOR-YOF FLU PDR YOX; YTTRIUM OXIDE PHOSPHOR, ACTIVATED
BY EUROPIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.69 Yttrium oxide Free No change No change On or before 12/ ''.
phosphor, 31/2009
activated by
europium used as
a luminophore
(CAS No. 68585-82-
0) (provided for
in subheading
3206.50.00)......
SEC. 1179. CALCIUM CHLORIDE PHOSPHATE PHOSPHOR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.70 Calcium chloride Free No change No change On or before 12/ ''.
phosphate 31/2009
phosphor
activated by
manganese and
antimony used as
a luminophore
(CAS No. 75535-31-
8) (provided for
in subheading
3206.50.00)......
SEC. 1180. CERAMIC FRIT POWDER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3089]]
120 STAT. 3089
----------------------------------------------------------------------------------------------------------------
`` 9902.22.71 A mixture of Free No change No change On or before 12/ ''.
aluminum oxide, 31/2009
calcium oxide,
barium oxide,
magnesium oxide,
boron oxide,
butylmethacrylate
resin and C.I.
Solvent Red 24
used in the
manufacture of
ceramic arc tubes
(CAS Nos. 1344-28-
1, 1305-78-8,
1304-28-5, 1309-
48-4, 1303-86-2,
9003-63-8, and 85-
83-6) (provided
for in subheading
3824.90.91)......
SEC. 1181. PHOSPHOR LITE WHITE AND PHOSPHOR BLUE HALO.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.72 Calcium chloride Free No change No change On or before 12/ ''.
phosphate 31/2009
phosphor used as
a luminophore
(CAS No. 75535-31-
8) (provided for
in subheading
3206.50.00)......
SEC. 1182. PHOSPHOR-SCA, STRONTIUM HALOPHOSPHATE DOPED WITH EUROPIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.73 Strontium Free No change No change On or before 12/ ''.
halophosphate 31/2009
doped with
europium used as
a luminophore
(CAS Nos. 109037-
74-3 and 1312-81-
8) (provided for
in subheading
3206.50.00)......
SEC. 1183. PHOSPHOR-COOL WHITE SMALL PARTICLE CALCIUM HALOPHOSPHATE
PHOSPHOR ACTIVATED BY MANGANESE AND ANTIMONY.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.74 Small particle Free No change No change On or before 12/ ''.
calcium chloride 31/2009
phosphate
phosphor
activated by
manganese and
antimony used as
a luminophore
(CAS No. 75535-31-
8) (provided for
in subheading
3206.50.00)......
SEC. 1184. PHOSPHOR LAP LANTHANUM PHOSPHATE PHOSPHOR, ACTIVATED BY
CERIUM AND TERBIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3090]]
120 STAT. 3090
----------------------------------------------------------------------------------------------------------------
`` 9902.22.75 Lanthanum Free No change No change On or before 12/ ''.
phosphate 31/2009
phosphor,
activated by
cerium and
terbium,
inorganic used as
luminophores (CAS
Nos. 13778-59-1,
13454-71-2, and
13863-48-4 or
95823-34-0)
(provided for in
subheading
3206.50.00)......
SEC. 1185. KASHMIR.
(a) In General.--Subchapter II of chapter 99 is amended by inserting
in numerical sequence the following new headings:
`` 9902.22.76 Fine animal hair Free No change No change On or before
of Kashmir 12/31/2009
(cashmere)
goats, not
processed in
any manner
beyond the
degreased or
carbonized
condition
(provided for
in subheading
5102.11.10)....
`` 9902.22.77 Fine animal hair Free No change No change On or before
of Kashmir 12/31/2009 ''.
(cashmere)
goats (provided
for in
subheading
5102.11.90)....
(b) Conforming Amendment.--Subchapter II of chapter 99 is amended by
striking headings 9902.51.15 (relating to articles provided for in
subheading 5102.11.10) and 9902.51.16 (relating to articles provided for
in subheading 5102.11.90).
SEC. 1186. CERTAIN ARTICLES OF PLATINUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.78 Spheres of platinum, Free No change No change On or before 12/
containing 31/2009 ''
approximately 18 .
percent by weight of
iridium, of a kind
used in manufacturing
electrodes for spark
plugs (provided for
in subheading
7115.90.60)..........
SEC. 1187. NICKEL ALLOY WIRE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3091]]
120 STAT. 3091
----------------------------------------------------------------------------------------------------------------
`` 9902.22.79 Cold-formed wire of Free No change No change On or before 12/
nickel alloys 31/2009 ''
containing 0.09 .
percent or more but
not more than 1.6
percent by weight of
silicon, certified by
the importer to be
used in the
manufacture of spark
plug electrodes, the
foregoing either
round wire measuring
1.7 mm or more but
not over 4.9 mm in
cross-sectional
diameter or flat wire
of rectangular cross
section measuring 0.9
mm or more but not
over 2.2 mm in
thickness and 1.7 mm
or more but not over
3.3 mm in width
(provided for in
subheading
7505.22.10)..........
SEC. 1188. TITANIUM MONONITRIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.80 Titanium mononitride Free No change No change On or before 12/
(CAS No. 25583-20-4) 31/2009 ''
(provided for in .
subheading
2850.00.07)..........
SEC. 1189. HIGH ACCURACY, METAL, MARINE SEXTANTS, USED FOR NAVIGATING BY
CELESTIAL BODIES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.81 Marine sextants of Free No change No change On or before 12/
metal, designed for 31/2009 ''
use in navigating by .
celestial bodies
(provided for in
subheading
9014.80.10)..........
SEC. 1190. ELECTRICALLY OPERATED PENCIL SHARPENERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.82 Electrically Free No change No change On or before 12/ ''.
operated pencil 31/2009
sharpeners
(provided for in
subheading
8472.90.40)......
SEC. 1191. VALVE ASSEMBLIES (VACUUM RELIEF).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.83 Pedestal assemblies Free No change No change On or before 12/
for vacuum relief 31/2009 ''
valves, designed for .
use in aircraft
(provided for in
subheading
8481.40.00)..........
[[Page 3092]]
120 STAT. 3092
SEC. 1192. SEALS, AERODYNAMIC, FIREPROOF.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.84 Seals of polyester Free No change No change On or before 12/
fabric bonded over a 31/2009 ''
silicone core, .
designed for use in
airplanes (provided
for in subheading
3926.90.00 or
5911.90.00)..........
SEC. 1193. WING ILLUMINATION LIGHTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.85 Wing illumination Free No change No change On or before 12/
lights, designed for 31/2009 ''
use on airplanes .
(provided for in
subheading
9405.60.40)..........
SEC. 1194. EXTERIOR EMERGENCY LIGHTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.86 Exterior emergency Free No change No change On or before 12/
lights, designed for 31/2009 ''
use on airplanes .
(provided for in
subheading
9405.60.40)..........
SEC. 1195. MAGNESIUM PEROXIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.87 Magnesium Free No change No change On or before 12/ ''.
peroxide, minimum 31/2009
25 percent purity
(CAS No. 1335-26-
8) (provided for
in subheading
2816.10.00)......
SEC. 1196. CERTAIN FOOTWEAR OTHER THAN FOR MEN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.88 Footwear, other Free No change No change On or before 12/ ''.
than for men, 31/2009
with outer soles
of leather or
composition
leather and
uppers of textile
materials, valued
not over $2.50
per pair
(provided for in
subheading
6404.20.20)......
SEC. 1197. GRASS SHEARS WITH ROTATING BLADE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3093]]
120 STAT. 3093
----------------------------------------------------------------------------------------------------------------
`` 9902.22.89 Grass shears with Free No change No change On or before 12/
swiveling heads and 31/2009 ''
with rotating .
vertical and
horizontal cutting
blades of steel
(provided for in
subheading
8201.90.30)..........
SEC. 1198. CERIUM SULFIDE PIGMENTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.90 Cerium sulfide Free No change No change On or before 12/
pigments (CAS Nos. 31/2009 ''
12014-93-6 and 12031- .
49-1) (provided for
in subheading
3206.49.50)..........
SEC. 1199. KRESOXIM METHYL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.91 Mixtures of methyl (E)- Free No change No change On or before 12/
methoxyimino-[a-(o- 31/2009 ''
tolyloxy)-o- .
tolyl]acetate
(Kresoxim methyl)
(CAS No. 143390-89-0)
and application
adjuvants (provided
for in subheading
3808.20.15)..........
SEC. 1200. 4-PIECE OR 5-PIECE FIREPLACE TOOLS OF IRON OR STEEL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.92 Packages containing 4 Free No change No change On or before 12/
or 5 different 31/2009 ''
fireplace tools, such .
tools of iron or
steel, intended for
sale to the ultimate
consumer in such
packages (provided
for in subheading
8205.51.30)..........
SEC. 1201. RSD 1235.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.93 3-Pyrrolidinol, 1- Free No change No change On or before 12/
[(1R,2R)-2-[2-(3,4- 31/2009 ''
dimethoxyphenyl)ethox .
y]cyclohexyl]-
,hydrochloride, (3R)
(CAS No. 748810-28-8)
(provided for in
subheading
2933.99.53)..........
SEC. 1202. MCPB ACID AND MCPB SODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3094]]
120 STAT. 3094
----------------------------------------------------------------------------------------------------------------
`` 9902.22.94 4-(4-Chloro-2- Free No change No change On or before 12/
methylphenoxy) 31/2009 ''
butanoic acid (CAS .
No. 94-81-5); 4-(4-
chloro-2-
methylphenoxy)butanoi
c acid, sodium salt
(CAS No. 6062-26-6)
(provided for in
subheading
2918.90.20)..........
SEC. 1203. GIBBERELLIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.95 Gibberellic acid (GA3) Free No change No change On or before 12/
(CAS No. 77-06-5) and 31/2009 ''
a mixture of .
gibberellin A4 (CAS
No. 468-44-0) and
gibberellin A7 (CAS
No. 510-75-8)
(provided for in
subheading
2932.29.50)..........
SEC. 1204. TRIPHENYLTIN HYDROXIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.96 Triphenyltin hydroxide Free No change No change On or before 12/
(CAS No. 76-87-9) 31/2009 ''
(provided for in .
subheading
2931.00.25)..........
SEC. 1205. BROMOXYNIL OCTONOATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.97 3,5-Dibromo-4- Free No change No change On or before 12/
hydroxybenzonitrile 31/2009 ''
octonoate (CAS No. .
1689-84-5) (provided
for in subheading
2926.90.25)..........
SEC. 1206. METHYL 3-(TRIFLUOROMETHYL)BENZOATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.98 Methyl 3- Free No change No change On or before 12/
(trifluoromethyl)benz 31/2009 ''
oate (CAS No. 2557-13- .
3) (provided for in
subheading
2916.39.45)..........
SEC. 1207. 4-(TRIFLUOROMETHOXY)PHENYL ISOCYANATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.22.99 4- Free No change No change On or before 12/
(Trifluoromethoxy)phe 31/2009 ''
nyl isocyanate (CAS .
No. 35037-73-1)
(provided for in
subheading
2929.10.55)..........
[[Page 3095]]
120 STAT. 3095
SEC. 1208. 4-METHYLBENZONITRILE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.01 4-Methylbenzonitrile Free No change No change On or before 12/
(CAS No. 104-85-8) 31/2009 ''
(provided for in .
subheading
2926.90.43)..........
SEC. 1209. DIAMINODECANE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.02 Diaminodecane (CAS No. Free No change No change On or before 12/
646-25-3) (provided 31/2009 ''
for in subheading .
2921.29.00)..........
SEC. 1210. CERTAIN COMPOUNDS OF LANTHANUM PHOSPHATES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.03 Lanthanum phosphate Free No change No change On or before 12/
(CAS No. 13778-59-1) 31/2009 ''
(provided for in .
subheading
2846.90.80)..........
SEC. 1211. CERTAIN COMPOUNDS OF YTTRIUM EUROPIUM OXIDE COPRECIPITATES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.04 Mixtures or Free No change No change On or before 12/
coprecipitates of 31/2009 ''
yttrium oxide (CAS .
No. 1314-36-9) and
europium oxide (CAS
No. 1308-96-9) having
a yttrium oxide
content of at least
90 percent (provided
for in subheading
2846.90.80)..........
SEC. 1212. CERTAIN COMPOUNDS OF LANTHANUM, CERIUM, AND TERBIUM
PHOSPHATES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.05 Mixtures or Free No change No change On or before 12/
coprecipitates of 31/2009 ''
lanthanum phosphate, .
cerium phosphate, and
terbium phosphate
(CAS Nos. 13778-59-1,
13454-71-2, and 13863-
48-4 or 95823-34-0)
(provided for in
subheadings
2846.10.00 and
2846.90.80)..........
[[Page 3096]]
120 STAT. 3096
SEC. 1213. CERTAIN COMPOUNDS OF YTTRIUM CERIUM PHOSPHATES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.06 Mixtures or Free No change No change On or before 12/
coprecipitates of 31/2009 ''
yttrium phosphate .
(CAS No. 13990-54-0)
and cerium phosphate
(CAS No. 13454-71-2)
(provided for in
subheadings
2846.10.00 and
2846.90.80)..........
SEC. 1214. CANNED, BOILED OYSTERS, NOT SMOKED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.07 Oysters (other than Free No change No change On or before 12/
smoked), prepared or 31/2009 ''
preserved (provided .
for in subheading
1605.90.50)..........
SEC. 1215. BOOTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.08 Boots constructed by Free No change No change On or before 12/
hand of natural 31/2009 ''
rubber, the foregoing .
with steel toes and
incorporating
ballistic nylon for
cut protection, with
self-cleaning lug
soles or with
``caulked'' soles for
slip and fall
protection (provided
for in subheading
6401.10.00)..........
SEC. 1216. VINYLIDENE CHLORIDE-METHYL METHACRYLATE-ACRYLONITRILE
COPOLYMER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.09 Vinylidene chloride- Free No change No change On or before 12/
methyl methacrylate- 31/2009 ''
acrylonitrile .
copolymer (CAS No.
25214-39-5) (provided
for in subheading
3904.50.00)..........
SEC. 1217. 1-PROPENE, 1,1,2,3,3,3-HEXAFLUORO-, OXIDIZED, POLYMERIZED,
REDUCED HYDROLYZED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.10 1-Propene, 1,1,2,3,3,3- Free No change No change On or before 12/
hexafluoro-, 31/2009 ''
oxidized, .
polymerized, reduced
hydrolyzed (CAS No.
161075-14-5)
(provided for in
subheading
3907.20.00)..........
[[Page 3097]]
120 STAT. 3097
SEC. 1218. 1-PROPENE,1,1,2,3,3,3-HEXAFLUORO-, OXIDIZED, POLYMERIZED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.11 1-Propene, 1,1,2,3,3,3- Free No change No change On or before 12/
hexafluoro-, 31/2009 ''
oxidized, polymerized .
(CAS No. 69991-67-9)
(provided for in
subheading
3907.20.00)..........
SEC. 1219. 1-PROPENE, 1,1,2,3,3,3-HEXAFLUORO-, TELOMER WITH
CHLOROTRIFLUOROETHENE, OXIDIZED, REDUCED, ETHYL ESTER,
HYDROLYZED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.12 1-Propene, Free No change No change On or before 12/
1,1,2,3,3,3,- 31/2009 ''
hexafluoro-, telomer .
with
chlorotrifluoroethene
, oxidized, reduced,
ethyl ester,
hydrolyzed (CAS No.
220182-27-4)
(provided for in
subheading
3907.20.00)..........
SEC. 1220. INFRARED ABSORBING DYE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.13 1H-Benz[e]indolium, 2- Free No change No change On or before 12/
[2-[2-chloro-3-[(1,3- 31/2009 ''
dihydro-1,1,3- .
trimethyl-2H-
benz[e]indol-2-
ylidene)ethylidene]-1-
cyclohexen-1-
yl]ethenyl]-1,1,3-
trimethyl-, salt with
4-
methylbenzenesulfonic
acid (1:1) (CAS No.
134127-48-3)
(provided for in
subheading
2934.99.90)..........
SEC. 1221. 1,1,2-2-TETRAFLUOROETHENE, OXIDIZED, POLYMERIZED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.14 1,1,2-2- Free No change No change On or before 12/
Tetrafluoroethene, 31/2009 ''
oxidized, polymerized .
(CAS No. 69991-61-3)
(provided for in
subheading
3907.20.00)..........
SEC. 1222. METHOXYCARBONYL-TERMINATED PERFLUORINATED POLYOXYMETHYLENE-
POLYOXYETHYLENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3098]]
120 STAT. 3098
----------------------------------------------------------------------------------------------------------------
`` 9902.23.15 Methoxycarbonyl- Free No change No change On or before 12/
terminated 31/2009 ''
perfluorinated .
polyoxymethylene-
polyoxyethylene (CAS
No. 107852-49-3)
(provided for in
subheading
3907.20.00)..........
SEC. 1223. ETHENE, TETRAFLUORO, OXIDIZED, POLYMERIZED, REDUCED,
DECARBOXYLATED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.16 Ethene, tetrafluoro, Free No change No change On or before 12/
oxidized, 31/2009 ''
polymerized, reduced, .
decarboxylated (CAS
No. 161075-02-1)
(provided for in
subheading
3824.90.91)..........
SEC. 1224. ETHENE, TETRAFLUORO, OXIDIZED, POLYMERIZED REDUCED, METHYL
ESTERS, REDUCED, ETHOXYLATED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.17 Ethene, tetrafluoro, Free No change No change On or before 12/
oxidized, polymerized 31/2009 ''
reduced, methyl .
esters, reduced,
ethoxylated (CAS No.
162492-15-1)
(provided for in
subheading
3907.20.00)..........
SEC. 1225. OXIRANEMETHANOL, POLYMERS WITH REDUCED METHYL ESTERS OF
REDUCED POLYMERIZED OXIDIZED TETRAFLUOROETHYLENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.18 Oxiranemethanol, Free No change No change On or before 12/
polymers with reduced 31/2009 ''
methyl esters of .
reduced polymerized
oxidized
tetrafluoroethylene
(CAS No. 156559-18-1)
(provided for in
subheading
3907.20.00)..........
SEC. 1226. ETHENE, TETRAFLUORO, OXIDIZED, POLYMERIZED REDUCED, METHYL
ESTERS, REDUCED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.19 Ethene, tetrafluoro, Free No change No change On or before 12/
oxidized, polymerized 31/2009 ''
reduced, methyl .
esters, reduced (CAS
No. 88645-29-8)
(provided for in
subheading
3907.20.00)..........
[[Page 3099]]
120 STAT. 3099
SEC. 1227. CERTAIN LIGHT-ABSORBING PHOTO DYES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.20 Morpholine, 4-[4,5- Free No change No change On or before 12/
dihydro-4-[3-[5- 31/2009 ''
hydroxy-1-methyl-3-(4- .
morpholinylcarbonyl)-
1H-pyrazol-4-yl]-2-
propenylidene]-1-
methyl-5-oxo-1H-
pyrazol-3-
yl]carbonyl]-,
potassium salt (CAS
No. 183196-57-8)
(provided for in
subheading
2934.99.90); 1,4-
benzenedisulfonic
acid, 2-[4-[5-[1-(2,5-
disulfophenyl)-1,5-
dihydro-3-
[(methylamino)carbony
l]-5-oxo-4H-pyrazol-4-
ylidene]-3-(2-oxo-1-
pyrrolidinyl)-1,3-
pentadienyl]-5-
hydroxy-3-
[(methylamino)carbony
l]-1H-pyrazol-1-yl]-,
pentapotassium salt
(CAS No. 202482-44-8)
(provided for in
subheading
2933.79.08)..........
SEC. 1228. CERTAIN SPECIALTY MONOMERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.21 3,4-Dimethylbenzene, Free No change No change On or before 12/
1,1-[2,2,2-trifluoro- 31/2009 ''
1- .
(trifluoromethyl)ethy
lidene]bis- (CAS No.
65294-20-4) (provided
for in subheading
2903.69.80)..........
SEC. 1229. SUSPENSION OF DUTY ON EXOFLEX F BX7011.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.22 1,4- Free No change No change On or before 12/
Benzenedicarboxylic 31/2009 ''
acid, dimethyl ester, .
polymer with 1,4-
butanediol and
hexanedioic acid (CAS
No. 55231-08-8)
(provided for in
subheading
3907.99.00)..........
SEC. 1230. TRIPHENYL PHOSPHINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.23 Triphenyl phosphine Free No change No change On or before 12/
(CAS No. 603-35-0) 31/2009 ''
(provided for in .
subheading
2931.00.90)..........
SEC. 1231. CERTAIN GOLF BAG BODIES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3100]]
120 STAT. 3100
----------------------------------------------------------------------------------------------------------------
`` 9902.23.24 Golf bag bodies made Free No change No change On or before 12/
of woven fabrics of 31/2009 ''
nylon or polyester, .
sewn together with
rainhoods, pockets,
dividers, and
graphite shaft
protection (provided
for in subheading
6307.90.98)..........
SEC. 1232. DICHLORPROP-P ACID, DICHLORPROP-P DIMETHYLAMINE SALT, AND
DICHLORPROP-P 2-ETHYLHEXYL ESTER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.25 (+)-(R)-2-(2,4- Free No change No change On or before 12/
Dichlorophenoxy) 31/2009 ''
propanoic acid (CAS .
No. 15165-67-0); (+)-
(R)-2-(2,4-
dichlorophenoxy)
propanoic acid, 2-
ethylhexyl ester (CAS
No. 79270-78-3)
(provided for in
subheading
2918.90.20), and (+)-
(R)-2-(2,4-
dichlorophenoxy)propa
noic acid,
dimethylamine salt
(CAS No. 104786-87-0)
(provided for in
subheading
2921.19.60)..........
SEC. 1233. 2,4-DB ACID AND 2,4-DB DIMETHYLAMINE SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.26 4-(2,4- Free No change No change On or before 12/
Dichlorophenoxy) 31/2009 ''
butyric acid (CAS No. .
94-82-6) (provided
for in subheading
2918.90.20); and 4-
(2,4-
dichlorophenoxy)butyr
ic acid,
dimethylamine salt
(CAS No. 2758-42-1)
(provided for in
subheading
2921.19.60)..........
SEC. 1234. FILAMENT FIBER TOW OF RAYON.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.27 Filament tow of rayon Free No change No change On or before 12/
(provided for in 31/2009 ''
heading 5502.00.00).. .
SEC. 1235. PARTS FOR USE IN THE MANUFACTURE OF CERTAIN HIGH-PERFORMANCE
LOUDSPEAKERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3101]]
120 STAT. 3101
----------------------------------------------------------------------------------------------------------------
`` 9902.23.28 Parts (provided for in Free No change No change On or before 12/
subheading 31/2009 ''
8518.90.80) certified .
by the importer as
for use exclusively
in the manufacture of
loudspeakers which
(when not mounted in
their enclosures)
meet a performance
standard of not more
than 1.5 dB for the
average level of 3 or
more octave bands
when tested in a
reverberant chamber..
SEC. 1236. CERTAIN PLASTIC LAMP-HOLDER HOUSINGS CONTAINING SOCKETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.29 Lamp-holder housings Free No change No change On or before 12/
of plastics, 31/2009 ''
containing sockets .
(provided for in
subheading
8536.61.00)..........
SEC. 1237. CERTAIN PORCELAIN LAMP-HOLDER HOUSINGS CONTAINING SOCKETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.30 Lamp-holder housings Free No change No change On or before 12/
of porcelain, 31/2009 ''
containing sockets .
(provided for in
subheading
8536.61.00)..........
SEC. 1238. CERTAIN ALUMINUM LAMP-HOLDER HOUSINGS CONTAINING SOCKETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.31 Lamp-holder housings Free No change No change On or before 12/
of aluminum, 31/2009 ''
containing sockets .
(provided for in
subheading
8536.61.00)..........
SEC. 1239. CERTAIN BRASS LAMP-HOLDER HOUSINGS CONTAINING SOCKETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.32 Lamp-holder housings Free No change No change On or before 12/
of brass, containing 31/2009 ''
sockets (provided for .
in subheading
8536.61.00)..........
SEC. 1240. STAPLE FIBERS OF VISCOSE RAYON, NOT CARDED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3102]]
120 STAT. 3102
----------------------------------------------------------------------------------------------------------------
`` 9902.23.33 Staple fibers of Free No change No change On or before 12/
viscose rayon, not 31/2009 ''
carded, combed, or .
otherwise processed
for spinning,
measuring 1.67 to
16.67 decitex and
having a fiber length
each measuring 20 mm
or more but not over
150 mm (provided for
in subheading
5504.10.00)..........
SEC. 1241. STAPLE FIBERS OF RAYON, CARDED, COMBED, OR OTHERWISE
PROCESSED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.34 Staple fibers of Free No change No change On or before 12/
rayon, carded, 31/2009 ''
combed, or otherwise .
processed for
spinning, the
foregoing presented
in the form of top
(provided for in
heading 5507.00.00)..
SEC. 1242. MINI DVD CAMCORDER WITH 680K PIXEL CCD.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.35 Camcorders each Free No change No change On or before 12/
capable of recording 31/2009 ''
and reproducing video .
images on mini-DVD
media in all the
following formats:
DVD-R, DVD-RW, DVD-
RAM, or DVD+RW, the
foregoing each with
25 power optical zoom
and a lens diameter
of 34 mm (provided
for in subheading
8525.40.80)..........
SEC. 1243. MINI DVD CAMCORDER WITH 20G HDD.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.36 Camcorders each Free No change No change On or before 12/
capable of recording 31/2009 ''
and reproducing video .
images on mini-DVD
media in all the
following formats:
DVD-R, DVD-RW, DVD-
RAM, or DVD+RW, the
foregoing each with
an internal 20
gigabyte (20G) hard
disk drive and a USB
2.0 port (provided
for in subheading
8525.40.80)..........
SEC. 1244. METAL HALIDE LAMP.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.37 Metal halide lamps Free No change No change On or before 12/
designed for use in 31/2009 ''
video projectors .
(provided for in
subheading
8539.32.00)..........
[[Page 3103]]
120 STAT. 3103
SEC. 1245. HAND-HELD ELECTRONIC CAN OPENERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.38 Hand-held Free No change No change On or before 12/
electromechanical can 31/2009 ''
openers, with self- .
contained electric
motor (provided for
in subheading
8509.80.00)..........
SEC. 1246. ELECTRIC KNIVES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.39 Electromechanical Free No change No change On or before 12/
knives, with self- 31/2009 ''
contained electric .
motor (provided for
in subheading
8509.80.00)..........
SEC. 1247. TOASTER OVENS WITH SINGLE-SLOT TRADITIONAL TOASTER OPENING ON
TOP OF OVEN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.40 Electrothermic toaster Free No change No change On or before 12/
ovens, each 31/2009 ''
incorporating a .
single-slot toaster
opening on top of the
oven (provided for in
subheading
8516.72.00)..........
SEC. 1248. ICE SHAVERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.41 Electromechanical ice Free No change No change On or before 12/
shavers, with self- 31/2009 ''
contained electric .
motor (provided for
in subheading
8509.40.00)..........
SEC. 1249. DUAL-PRESS SANDWICH MAKERS WITH FLOATING UPPER LID AND LOCK.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.42 Dual-grid electric Free No change No change On or before 12/
sandwich grillers, 31/2009 ''
each with lock and .
floating upper lid
(provided for in
subheading
8516.60.60)..........
[[Page 3104]]
120 STAT. 3104
SEC. 1250. ELECTRIC JUICE EXTRACTORS GREATER THAN 300 WATTS BUT LESS
THAN 400 WATTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.43 Electromechanical Free No change No change On or before 12/
juice extractors, 31/2009 ''
each with a self- .
contained 2-speed
electric motor rated
over 300 W but not
over 400 W (provided
for in subheading
8509.40.00)..........
SEC. 1251. ELECTRIC JUICE EXTRACTORS NOT LESS THAN 800 WATTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.44 Electromechanical Free No change No change On or before 12/
juice extractors, 31/2009 ''
each with a self- .
contained 2-speed
electric motor rated
at 800 W or higher
(provided for in
subheading
8509.40.00)..........
SEC. 1252. OPEN-TOP ELECTRIC INDOOR GRILLS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.45 Open-top electric Free No change No change On or before 12/
grills designed for 31/2009 ''
indoor use (provided .
for in subheading
8516.60.60)..........
SEC. 1253. AUTOMATIC DRIP COFFEEMAKERS OTHER THAN THOSE WITH CLOCKS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.46 Electrothermic Free No change No change On or before 12/
automatic drip 31/2009 ''
coffeemakers without .
electronic clock,
each with self-
contained coffee
holding chamber and
designed to be used
without separate
carafe (provided for
in subheading
8516.71.00)..........
SEC. 1254. AUTOMATIC DRIP COFFEEMAKERS WITH ELECTRONIC CLOCKS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3105]]
120 STAT. 3105
----------------------------------------------------------------------------------------------------------------
`` 9902.23.47 Electrothermic Free No change No change On or before 12/
automatic drip 31/2009 ''
coffeemakers each .
with electronic clock
and with self-
contained coffee
holding chamber, the
foregoing designed to
be used without
separate carafe
(provided for in
subheading
8516.71.00)..........
SEC. 1255. ELECTRIC UNDER-THE-CABINET MOUNTING CAN OPENERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.48 Electromechanical can Free No change No change On or before 12/
openers, with self- 31/2009 ''
contained electric .
motor, the foregoing
designed to be
mounted below kitchen
cabinets (provided
for in subheading
8509.80.00)..........
SEC. 1256. DIMETHYL MALONATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.49 Dimethyl malonate (CAS Free No change No change On or before 12/
No. 108-59-8) 31/2009 ''
(provided for in .
subheading
2917.19.70)..........
SEC. 1257. LIGHTWEIGHT DIGITAL CAMERA LENSES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.50 Lenses designed for Free No change No change On or before 12/
digital cameras, the 31/2009 ''
foregoing with focal .
length 55 mm or more
but not over 200 mm
and not exceeding
255.2 g in weight
(provided for in
subheading
9002.11.90)..........
SEC. 1258. DIGITAL ZOOM CAMERA LENSES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.51 Lenses designed for Free No change No change On or before 12/
digital cameras, the 31/2009 ''
foregoing with focal .
length 17 mm or more
but not over 55 mm
and not exceeding
765.5 g in weight
(provided for in
subheading
9002.11.90)..........
SEC. 1259. COLOR FLAT PANEL SCREEN MONITORS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3106]]
120 STAT. 3106
----------------------------------------------------------------------------------------------------------------
`` 9902.23.52 Color video monitors Free No change No change On or before 12/
each having a flat 31/2009 ''
panel screen, BNC .
input connection and
video loop-thru
connector, the
foregoing with a
video display
diagonal of either
41.9 cm or more but
not more than 44.5
cm, or 47 cm or more
but not more than
49.5 cm (provided for
in subheading
8528.21.70)..........
SEC. 1260. COLOR MONITORS WITH A VIDEO DISPLAY DIAGONAL OF 35.56 CM OR
GREATER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.53 Color video monitors Free No change No change On or before 12/
each having a cathode- 31/2009 ''
ray tube and a video .
display diagonal
exceeding 35.56 cm
(provided for in
subheading
8528.21.39)..........
SEC. 1261. COLOR MONITORS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.54 Color video monitors, Free No change No change On or before 12/
each having a cathode- 31/2009 ''
ray tube and a video .
display diagonal of
more than 34.29 cm
but not more than
35.56 cm (provided
for in subheading
8528.21.29)..........
SEC. 1262. BLACK AND WHITE MONITORS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.55 Black and white or Free No change No change On or before 12/
other monochrome 31/2009 ''
monitors with cathode- .
ray tubes, the
foregoing each with a
video display
diagonal of either
21.6 cm or more but
not more than 24.1
cm, 29.2 cm or more
but not more than
31.8 cm or 41.9 cm or
more but not more
than 44.5 cm
(provided for in
subheading
8528.22.00)..........
SEC. 1263. 6 V LEAD-ACID STORAGE BATTERIES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3107]]
120 STAT. 3107
----------------------------------------------------------------------------------------------------------------
`` 9902.23.56 6 V lead-acid storage Free No change No change On or before 12/
batteries with a 31/2009 ''
maximum length of .
8.89 cm, maximum
width of 5.08 cm and
maximum height of
11.43 cm, rated at
less than 10 ampere-
hours, certified by
the importer as
intended for use as
the auxiliary source
of power for burglar
or fire alarms and
similar apparatus of
subheading 8531.10.00
(provided for in
subheading
8507.20.80)..........
SEC. 1264. ZIRCONYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.57 Zirconium oxychloride Free No change No change On or before 12/
(zirconyl chloride or 31/2009 ''
zirconium dichloride .
oxide) (CAS No. 15461-
27-5) (provided for
in subheading
2827.49.50)..........
SEC. 1265. NAPHTHOL AS-CA.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.58 5-Chloro-3-hydroxy-2- Free No change No change On or before 12/
methoxy-2- 31/2009 ''
naphthanilide (CAS .
No. 137-52-0)
(provided for in
subheading
2924.29.36)..........
SEC. 1266. NAPHTHOL AS-KB.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.59 5-Chloro-3-hydroxy-2- Free No change No change On or before 12/
methyl-2- 31/2009 ''
naphthanilide (CAS .
No. 135-63-7)
(provided for in
subheading
2924.29.36)..........
SEC. 1267. BASIC VIOLET 1.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.60 Basic Violet 1 (CAS Free No change No change On or before 12/
No. 8004-87-3) 31/2009 ''
(provided for in .
subheading
3204.13.80)..........
SEC. 1268. BASIC BLUE 7.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3108]]
120 STAT. 3108
----------------------------------------------------------------------------------------------------------------
`` 9902.23.61 Basic Blue 7 (CAS No. Free No change No change On or before 12/
2390-60-5) (provided 31/2009 ''
for in subheading .
3204.13.80)..........
SEC. 1269. 3-AMINO-4-METHYLBENZAMIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.63 3-Amino-4- Free No change No change On or before 12/
methylbenzamide (CAS 31/2009 ''
No. 19406-86-1) .
(provided for in
subheading
2924.29.76)..........
SEC. 1270. ACETOACETYL-2,5-DIMETHOXY-4-CHLOROANILIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.64 Acetoacetyl-2,5- Free No change No change On or before 12/
dimethoxy-4- 31/2009 ''
chloroanilide (CAS .
No. 4433-79-8)
(provided for in
subheading
2924.29.76)..........
SEC. 1271. PHENYL SALICYLATE (BENZOIC ACID, 2-HYDROXY-, PHENYL ESTER).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.65 Phenyl salicylate Free No change No change On or before 12/
(benzoic acid, 2- 31/2009 ''
hydroxy-, phenyl .
ester) (CAS No. 118-
55-8) (provided for
in subheading
2918.23.10)..........
SEC. 1272. SYNTHETIC INDIGO POWDER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.66 Synthetic indigo Free No change No change On or before 12/
powder, (3H-indol-3- 31/2009 ''
one, 2-(1,3-dihydro-3- .
oxo-2H-indol-2-
ylidene)-1,2-dihydro-
) (CAS No. 482-89-3)
(provided for in
subheading
3204.15.10)..........
SEC. 1273. 1,3,5-TRIAZINE-2,4-DIAMINE, 6-[2-(2-METHYL-1H-IMIDAZOL-1-
YL)ETHYL]-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3109]]
120 STAT. 3109
----------------------------------------------------------------------------------------------------------------
`` 9902.23.67 1,3,5-Triazine-2,4- Free No change No change On or before 12/
diamine, 6-[2-(2- 31/2009 ''
methyl-1H-imidazol-1- .
yl)ethyl]- (CAS No.
38668-46-1) (provided
for in subheading
2933.69.60)..........
SEC. 1274. 50/50 MIXTURE OF 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE,
1,3,5-TRIS[(2R)-OXIRANYLMETHYL]- AND 1,3,5,-TRIAZINE-
2,4,6(1H,3H,5H)-TRIONE, 1,3,5-TRIS[(2S)-OXIRANYLMETHYL]-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.68 50/50 Mixture of 1,3,5- Free No change No change On or before 12/
triazine- 31/2009 ''
2,4,6(1H,3H,5H)- .
trione, 1,3,5-
tris[(2R)-
oxiranylmethyl]- and
1,3,5,-triazine-
2,4,6(1H,3H,5H)-
trione, 1,3,5-
tris[(2S)-
oxirianylmethyl]-
(CAS Nos. 240408-78-0
and 240408-81-5)
(provided for in
subheading
2933.69.60)..........
SEC. 1275. 9H-THIOXANTHENE-2-CARBOXALDEHYDE, 9-OXO-, 2-(O-ACETYLOXIME).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.69 9H-Thioxanthene-2- Free No change No change On or before 12/
carboxaldehyde, 9-oxo- 31/2009 ''
, 2-(o-acetyloxime) .
(CAS No. 362624-80-4)
(provided for in
subheading
2934.99.39)..........
SEC. 1276. 1H-IMIDAZOLE, 2-ETHYL-4-METHYL-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.70 1H-Imidazole, 2-ethyl- Free No change No change On or before 12/
4-methyl- (CAS No. 31/2009 ''
931-36-2) (provided .
for in subheading
2933.29.90)..........
SEC. 1277. 1H-IMIDAZOLE-4-METHANOL, 5-METHYL-2-PHENYL-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.71 1H-Imidazole-4- Free No change No change On or before 12/
methanol, 5-methyl-2- 31/2009 ''
phenyl- (CAS No. .
13682-32-1) (provided
for in subheading
2933.29.90)..........
[[Page 3110]]
120 STAT. 3110
SEC. 1278. 4-CYCLOHEXENE-1,2-DICARBOXYLIC ACID, COMPD. WITH 1,3,5-
TRIAZINE-2,4,6-TRIAMINE (1:1).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.72 4-Cyclohexene-1,2- Free No change No change On or before 12/
dicarboxylic acid, 31/2009 ''
compd. with 1,3,5- .
triazine-2,4,6-
triamine (1:1)
(provided for in
subheading
2933.69.60)..........
SEC. 1279. 1,3,5,-TRIAZINE-2,4-DIAMINE, 6-[2-(2-UNDECYL-1H-IMIDAZOL-1-
YL)ETHYL]-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.73 1,3,5,-Triazine-2,4- Free No change No change On or before 12/
diamine, 6-[2-(2- 31/2009 ''
undecyl-1H-imidazol-1- .
yl)ethyl]- (CAS No.
50729-75-4) (provided
for in subheading
2933.69.60)..........
SEC. 1280. CERTAIN FOOTWEAR VALUED OVER $20 A PAIR WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.74 Footwear (other Free No change No change On or before 12/ ''.
than for men or 31/2009
women, and other
than vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 7
inches (17.78
cm), designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.91.50)......
SEC. 1281. CERTAIN WOMEN'S FOOTWEAR WITH COATED OR LAMINATED TEXTILE
FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3111]]
120 STAT. 3111
----------------------------------------------------------------------------------------------------------------
`` 9902.23.75 Women's footwear Free No change No change On or before 12/ ''.
with outer soles 31/2009
and uppers of
rubber or
plastics (except
footwear of
vulcanized rubber
and footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, covering
the ankle, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 8
inches (20.32
cm), such
footwear designed
to be worn in
lieu of, but not
over, other
footwear as a
protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.91.50)......
SEC. 1282. CERTAIN MEN'S FOOTWEAR WITH COATED OR LAMINATED TEXTILE
FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.76 Men's footwear Free No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 8
inches (20.32
cm), designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.91.50)......
SEC. 1283. CERTAIN MEN'S FOOTWEAR VALUED OVER $20 A PAIR WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3112]]
120 STAT. 3112
----------------------------------------------------------------------------------------------------------------
`` 9902.23.77 Men's footwear Free No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.99.20)......
SEC. 1284. CERTAIN WOMEN'S FOOTWEAR VALUED OVER $20 A PAIR WITH COATED
OR LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.78 Women's footwear Free No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.99.20)......
SEC. 1285. CERTAIN OTHER FOOTWEAR VALUED OVER $20 A PAIR WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3113]]
120 STAT. 3113
----------------------------------------------------------------------------------------------------------------
`` 9902.23.79 Footwear (other Free No change No change On or before 12/ ''.
than for men or 31/2009
women, and other
than vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6402.99.20)......
SEC. 1286. CERTAIN FOOTWEAR WITH COATED OR LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.80 Footwear (other Free No change No change On or before 12/ ''.
than for men or 31/2009
women and other
than vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, not
covering the
ankle, designed
to be worn in
lieu of, but not
over, other
footwear as a
protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1287. CERTAIN OTHER FOOTWEAR COVERING THE ANKLE WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3114]]
120 STAT. 3114
----------------------------------------------------------------------------------------------------------------
`` 9902.23.81 Footwear (other Free No change No change On or before 12/ ''.
than for men or 31/2009
women, and other
than vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, covering
the ankle, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 7
inches (17.78
cm), designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1288. CERTAIN WOMEN'S FOOTWEAR COVERING THE ANKLE WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.82 Women's footwear Free No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, covering
the ankle, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 8
inches (20.32
cm), such
footwear designed
to be worn in
lieu of, but not
over, other
footwear as a
protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1289. CERTAIN WOMEN'S FOOTWEAR NOT COVERING THE ANKLE WITH COATED
OR LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3115]]
120 STAT. 3115
----------------------------------------------------------------------------------------------------------------
`` 9902.23.83 Women's footwear Free No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, not
covering the
ankle, designed
to be worn in
lieu of, but not
over, other
footwear as a
protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1290. FELT-BOTTOM BOOTS FOR USE IN FISHING WADERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.84 Vulcanized rubber Free No change No change On or before 12/
felt-bottom boots 31/2009 ''.
for actual use in
fishing waders
(provided for in
subheading
6405.90.90).........
SEC. 1291. LUG BOTTOM BOOTS FOR USE IN FISHING WADERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.85 Vulcanized rubber lug Free No change No change On or before 12/
bottom boots for 31/2009 ''.
actual use in
fishing waders
(provided for in
subheading
6401.92.90).........
SEC. 1292. CERTAIN PARTS AND ACCESSORIES FOR MEASURING OR CHECKING
INSTRUMENTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.86 Parts or accessories Free No change No change On or before 12/
of instruments or 31/2009 ''
apparatus for .
measuring or checking
electrical
quantities, such
instruments or
apparatus specially
designed for
telecommunications
(provided for in
subheading
9030.90.88) (but not
including
subassemblies
containing one or
more printed circuit
assemblies for such
instruments or
apparatus (provided
for in subheading
9030.90.88)).........
SEC. 1293. CERTAIN PRINTED CIRCUIT ASSEMBLIES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3116]]
120 STAT. 3116
----------------------------------------------------------------------------------------------------------------
`` 9902.23.87 Printed circuit Free No change No change On or before 12/
assemblies for 31/2009 ''
instruments or .
apparatus for
measuring or checking
electrical
quantities, such
instruments or
apparatus specially
designed for
telecommunications
(provided for in
subheading
9030.90.68)..........
SEC. 1294. CERTAIN SUBASSEMBLIES FOR MEASURING EQUIPMENT FOR
TELECOMMUNICATIONS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.88 Subassemblies Free No change No change On or before 12/
containing one or 31/2009 ''
more printed circuit .
assemblies for
instruments or
apparatus for
measuring or checking
electrical
quantities, such
instruments or
apparatus specially
designed for
telecommunications
(provided for in
subheading
9030.90.88)..........
SEC. 1295. CHLORONEB.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.89 1,4-Dichloro-2,5- Free No change No change On or before 12/ ''.
dimethoxybenzene 31/2009
(Chloroneb) (CAS
No. 2675-77-6)
(provided for in
subheading
2909.30.30)......
SEC. 1296. P-NITROBENZOIC ACID (PNBA).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.90 p-Nitrobenzoic Free No change No change On or before 12/ ''.
acid (CAS No. 62- 31/2009
23-7) (provided
for in subheading
2916.39.75)......
SEC. 1297. ALLYL PENTAERYTHRITOL (APE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.91 Allyl Free No change No change On or before 12/ ''.
pentaerythritol 31/2009
(CAS No. 91648-24-
7) (provided for
in subheading
2909.49.60)......
SEC. 1298. BUTYL ETHYL PROPANEDIOL (BEP).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3117]]
120 STAT. 3117
----------------------------------------------------------------------------------------------------------------
`` 9902.23.92 2-Butyl-2- Free No change No change On or before 12/ ''.
ethylpropane-1,3- 31/2009
diol (CAS No. 115-
84-4) (provided
for in subheading
2905.39.90)......
SEC. 1299. BEPD70L.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.93 Mixture of 2-butyl- Free No change No change On or before 12/ ''.
2-ethylpropane- 31/2009
1,3-diol (CAS No.
115-84-4) and
neopentyl glycol
(CAS No. 126-30-
7) (provided for
in subheading
3824.90.91)......
SEC. 1300. BOLTORN-1 (BOLT-1).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.94 Polymers of Free No change No change On or before 12/ ''.
propanoic acid, 3- 31/2009
hydroxy-2-
(hydroxymethyl)-2-
methyl-with 2,2-
bis(hydroxymethyl
)-1,3-propanediol
and oxirane (CAS
No. 326794-48-3)
(provided for in
subheading
3907.99.00)......
SEC. 1301. BOLTORN-2 (BOLT-2).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.95 Polymer of Free No change No change On or before 12/ ''.
propanoic acid, 3- 31/2009
hydroxy-2-
(hydroxymethyl)-2-
methyl-polymer
with 2,2-
bis(hydroxymethyl
)-1,3-propanediol
and oxirane,
decanoate
octanoate (CAS
No. 326794-49-4)
(provided for in
subheading
3907.99.00)......
SEC. 1302. CYCLIC TMP FORMAL (CTF).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.96 1,3-Dioxane-5- Free No change No change On or before 12/ ''.
methanol, 5-ethyl- 31/2009
(CAS No. 5187-23-
5) (provided for
in subheading
2932.99.90)......
SEC. 1303. DITMP.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3118]]
120 STAT. 3118
----------------------------------------------------------------------------------------------------------------
`` 9902.23.97 Ditrimethylol Free No change No change On or before 12/ ''.
propane (CAS No. 31/2009
23235-61-2)
(provided for in
subheading
2909.49.60)......
SEC. 1304. POLYOL DPP (DPP).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.98 Poly(oxy-1,2- Free No change No change On or before 12/ ''.
ethanediyl), a- 31/2009
hydro-v-hydroxy-
ether with 2,2'-
(oxybis(methylene
)) bis(2-
hydroxymethyl)-1,
3-propanediol)
(6:1) (CAS No.
50977-32-7)
(provided for in
subheading
3907.20.00)......
SEC. 1305. HYDROXYPIVALIC ACID (HPA).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.23.99 Hydroxypivalic Free No change No change On or before 12/ ''.
acid (CAS No. 31/2009
4835-90-9)
(provided for in
subheading
2918.19.90)......
SEC. 1306. TMPDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.01 Trimethylolpropane Free No change No change On or before 12/ ''.
diallyl ether 31/2009
(CAS No. 682-09-
7) (provided for
in subheading
2909.49.60)......
SEC. 1307. TMPME.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.02 Trimethylolpropane Free No change No change On or before 12/ ''.
monoallyl ether 31/2009
(CAS No. 682-11-
1) (provided for
in subheading
2909.49.60)......
SEC. 1308. TMP OXETANE (TMPO).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.03 3-Ethyl-3- Free No change No change On or before 12/ ''.
oxetanemethanol 31/2009
(trimethylolpropa
ne oxetane) (CAS
No. 3047-32-3)
(provided for in
subheading
2932.99.90)......
[[Page 3119]]
120 STAT. 3119
SEC. 1309. TMPO ETHOXYLATE (TMPOE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.04 Poly(oxy-1,2- Free No change No change On or before 12/ ''.
ethanediyl), a- 31/2009
((3-ethyl-3-
oxetanyl) methyl)-
v-hydroxy- (CAS
No. 76996-65-1)
(provided for in
subheading
3907.20.00)......
SEC. 1310. AMYL-ANTHRAQUINONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.05 9, 10- Free No change No change On or before 12/ ''.
Anthracenedione, 31/2009
2 pentyl- (CAS
No. 13936-21-5)
(provided for in
subheading
2914.69.90) or in
organic solution
(provided for in
subheading
3824.90.28)......
SEC. 1311. T-BUTYL ACRYLATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.06 Acrylic acid, tert- Free No change No change On or before 12/ ''.
butyl ester (CAS 31/2009
No. 1663-39-4)
(provided for in
subheading
2916.12.50)......
SEC. 1312. 3-CYCLOHEXENE-1-CARBOXYLIC ACID, 6-[(DI-2-
PROPENYLAMINO)CARBONYL]-, REL-(1R,6R)-, REACTION PRODUCTS
WITH PENTAFLUOROIODOETHANE-TETRAFLUOROETHYLENE TELOMER,
AMMONIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.07 3-Cyclohexene-1- Free No change No change On or before 12/ ''.
carboxylic acid, 31/2009
6-[(di-2-
propenylamino)car
bonyl]-, rel-
(1R,6R)-,
reaction products
with
pentafluoroiodoet
hane-
tetrafluoroethyle
ne telomer,
ammonium salt
(CAS No. 392286-
82-7) (provided
for in subheading
3809.92.50)......
SEC. 1313. MIXTURES OF PHOSPHATE AMMONIUM SALT DERIVATIVES OF A
FLUOROCHEMICAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3120]]
120 STAT. 3120
----------------------------------------------------------------------------------------------------------------
`` 9902.24.08 5,5-Bis[(g,v- Free No change No change On or before 12/ ''.
perfluoro(C4-20)a 31/2009
lkylthio)methyl]-
2-hydroxy-2-oxo-
1,3,2-
dioxaphosphorinan
e, ammonium salt
(CAS No. 148240-
85-1) and 2,2-
bis[(g,v-
perfluoro(C4-20)a
lkylthio)methyl]-
3-hydroxypropyl
phosphate,
diammonium salt
(CAS No. 148240-
87-3) and di-[2,2-
bis[(g,v-
perfluoro(C4-20)a
lkylthio)methyl]]-
3-hydroxypropyl
phosphate,
ammonium salt
(CAS No. 148240-
89-5) and 2,2-
bis[(g,v-
perfluoro(C4-20)a
lkylthio)methyl]-
1,3-di-
(dihydrogenphosph
ate)propane,
tetraammonium
salt (provided
for in subheading
3809.92.50)......
SEC. 1314. 1-(3H)-ISOBENZOFURANONE, 3,3-BIS(2-METHYL-1-OCTYL-1H-INDOL-3-
YL)-.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.09 1-(3H)- Free No change No change On or before 12/ ''.
Isobenzofuranone, 31/2009
3,3-bis(2-methyl-
1-octyl-1H-indol-
3-yl)- (CAS No.
50292-95-0)
(provided for in
subheading
3204.19.40)......
SEC. 1315. MIXTURE OF POLY[[6-[(1,1,3,3-TETRAMETHYLBUTYL)AMINO]-1,3,5-
TRIAZINE-2,4-DIYL] [2,2,6,6-TETRAMETHYL-4-
PIPERIDINYL)IMINO]-1,6-HEXANEDIYL[(2,2,6,6-TETRAMETHYL-4-
PIPERIDINYL)IMINO]]) AND BIS(2,2,6,6-TETRAMETHYL-4-
PIPERIDYL) SEBACATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.10 Mixture of Free No change No change On or before 12/ ''.
poly[[6-[(1,1,3,3- 31/2009
tetramethylbutyl)
amino]-1,3,5-
triazine-2,4-
diyl] [2,2,6,6-
tetramethyl-4-
piperidinyl)imino
]-1,6-
hexanediyl[(2,2,6
,6-tetramethyl-4-
piperidinyl)imino
]]) and
bis(2,2,6,6-
tetramethyl-4-
piperidyl)
sebacate (CAS
Nos. 71878-19-8
and 52829-07-9)
(provided for in
subheading
3812.30.90)......
SEC. 1316. CERTAIN BITUMEN-COATED POLYETHYLENE SLEEVES SPECIFICALLY
DESIGNED TO PROTECT IN-GROUND WOOD POSTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3121]]
120 STAT. 3121
----------------------------------------------------------------------------------------------------------------
`` 9902.24.11 Bitumen-coated Free No change No change On or before 12/ ''.
shrink-wrap 31/2009
polyethylene
boots for the
protection of in-
ground wood posts
(provided for in
subheading
3926.90.98)......
SEC. 1317. NYLON WOOLPACKS USED TO PACKAGE WOOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.12 Sacks and bags, of Free No change No change On or before 12/ ''.
undyed woven 31/2009
fabric of nylon
multifilament
yarns not to
exceed 10
decitex, used for
packing wool for
transport,
storage, or sale
(provided for in
subheading
6305.39.00)......
SEC. 1318. MAGNESIUM ZINC ALUMINUM HYDROXIDE CARBONATE HYDRATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.13 Magnesium zinc Free No change No change On or before 12/ ''.
aluminum 31/2009
hydroxide
carbonate hydrate
(CAS No. 169314-
88-9) coated with
an organic fatty
acid (provided
for in subheading
3812.30.90)......
SEC. 1319. C12-18 ALKENES.
(a) In General.--Subchapter II of chapter 99 is amended by inserting
in numerical sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.14 C12-18 alkenes, Free No change No change On or before 12/ ''.
polymers (TPX) 31/2009
with 4-methyl-1-
pentene (CAS Nos.
25155-83-3, 81229-
87-0, and 103908-
22-1) (provided
for in subheading
3902.90.00)......
(b) Conforming Amendment.--Subchapter II of chapter 99 is amended by
striking heading 9902.03.86.
SEC. 1320. ACRYPET UT100.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3122]]
120 STAT. 3122
----------------------------------------------------------------------------------------------------------------
`` 9902.24.15 2-Propenoic acid, Free No change No change On or before 12/ ''.
2-methyl-, methyl 31/2009
ester, polymer
with 1-cyclohexyl-
1H-pyrrole-2,5-
dione,ethenylbenz
ene and (1-
methylethenyl)ben
zene (CAS No.
107194-09-2)
(provided for in
subheading
3906.90.20)......
SEC. 1321. 5-AMINO-1-[2,6-DICHLORO-4-(TRIFLUOROMETHYL)PHENYL]-4-[(1R,S)-
(TRIFLUOROMETHYL)-SULFINYL]-1H-PYRAZOLE-3-CARBONITRILE
(FIPRONIL).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.16 5-Amino-1-[2,6- Free No change No change On or before 12/ ''.
dichloro-4- 31/2009
(trifluoromethyl)
phenyl]-4-[(1R,S)-
(trifluoromethyl)-
sulfinyl]-1H-
pyrazole-3-
carbonitrile
(Fipronil) (CAS
No. 120068-37-3)
(provided for in
subheading
2933.19.23)......
SEC. 1322. 2,3-PYRIDINEDICARBOXYLIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.17 2,3- Free No change No change On or before 12/ ''.
Pyridinedicarboxy 31/2009
lic acid (CAS No.
89-00-9)
(provided for in
subheading
2933.39.61)......
SEC. 1323. MIXTURES OF 2-AMMINO-2,3-DIMETHYLBUTYLNITRILE AND TOLUENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.18 Mixtures of 2- Free No change No change On or before 12/ ''.
amino-2,3- 31/2009
dimethylbutanenit
rile (CAS No.
13893-53-3) and
toluene (provided
for in subheading
3824.90.28)......
SEC. 1324. 2,3-QUINOLINEDICARBOXYLIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.19 2,3- Free No change No change On or before 12/ ''.
Quinolinedicarbox 31/2009
ylic acid (CAS
No. 643-38-9)
(provided for in
subheading
2933.49.60)......
SEC. 1325. 3,5-DIFLUOROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3123]]
120 STAT. 3123
----------------------------------------------------------------------------------------------------------------
`` 9902.24.20 3,5- Free No change No change On or before 12/ ''.
Difluoroaniline 31/2009
(CAS No. 372-39-
4) (provided for
in subheading
2921.42.65)......
SEC. 1326. CLOMAZONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.21 2-[(2- Free No change No change On or before 12/ ''.
Chlorophenyl)meth 31/2009
yl]-4,4-dimethyl-
3-isoxazolidinone
(Clomazone) (CAS
No. 81777-89-1)
(provided for in
subheading
2934.99.15)......
SEC. 1327. CHLOROPIVALOYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.22 3-Chloropivaloyl Free No change No change On or before 12/ ''.
chloride (CAS No. 31/2009
4300-97-4)
(provided for in
subheading
2915.90.50)......
SEC. 1328. N,N'-HEXANE-1,6-DIYLBIS(3-(3,5-DI-TERT-BUTYL-4-
HYDROXYPHENYLPROPIONAMIDE)).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.23 N,N-Hexane-1,6- Free No change No change On or before 12/ ''.
diylbis(3-(3,5-di- 31/2009
tert-butyl-4-
hydroxyphenylprop
ionamide)) (CAS
No. 23128-74-7)
(provided for in
subheading
2924.29.31)......
SEC. 1329. REACTIVE RED 268.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.24 Reactive Red 268 Free No change No change On or before 12/ ''.
(CAS No. 152397- 31/2009
21-2) (provided
for in subheading
3204.16.30)......
SEC. 1330. REACTIVE RED 270.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.25 Reactive Red 270 Free No change No change On or before 12/ ''.
(CAS No. 155522- 31/2009
05-7) (provided
for in subheading
3204.16.30)......
[[Page 3124]]
120 STAT. 3124
SEC. 1331. CERTAIN GLASS THERMO BULBS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.26 Liquid-filled Free No change No change On or before 12/ ''.
glass bulbs 31/2009
designed for
sprinkler systems
and other release
devices (provided
for in subheading
7020.00.60)......
SEC. 1332. PYRIPROXYFEN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.27 2-[1-Methyl-2-(4- Free No change No change On or before 12/ ''.
phenoxyphenoxy) 31/2009
ethoxy]pyridine
(Pyriproxyfen)
(CAS No. 95737-68-
1) (provided for
in subheading
2933.39.27)......
SEC. 1333. UNICONAZOLE-P.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.28 (E)-(+)-(S)-1-(4- Free No change No change On or before 12/ ''.
Chlorophenyl)-4,4- 31/2009
dimethyl-2-(1H-
1,2,4-triazol-1-
yl)pent-1-en-3-ol
(Uniconazole-P)
(CAS No. 83657-17-
4) (provided for
in subheading
2933.69.60)......
SEC. 1334. BISPYRIBAC-SODIUM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.29 Sodium 2,6- Free No change No change On or before 12/ ''.
bis[(4,6- 31/2009
dimethoxypyrimidi
n-2-
yl)oxy]benzoate
(Bispyribac-
sodium) (CAS No.
125401-92-5)
(provided for in
subheading
2933.59.10)......
SEC. 1335. DINOTEFURAN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.30 N-Methyl-N -nitro- Free No change No change On or before 12/ ''.
N" -[(tetrahydro- 31/2009
3-
furanyl)methyl]gu
anidine
(Dinotefuran)
(CAS No. 165252-
70-0) (provided
for in subheading
2932.19.50)......
[[Page 3125]]
120 STAT. 3125
SEC. 1336. ETOXAZOLE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.31 2-(2,6- Free No change No change On or before 12/ ''.
Difluorophenyl)-4- 31/2009
[4-(1,1-
dimethylethyl)-2-
ethoxyphenyl]-4,5-
dihydrooxazole
(Etoxazole) (CAS
No. 153233-91-1)
(provided for in
subheading
2934.99.18)......
SEC. 1337. BIOALLETHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.32 [1RS-[1a(S*),3b]]- Free No change No change On or before 12/ ''.
2-Methyl-4-oxo-3- 31/2009
(2-propenyl)-2-
cyclopenten-1-yl
2,2-dimethyl-3-(2-
methyl-1-
propenyl)
cyclopropanecarbo
xylate
(Bioallethrin)
(CAS No. 584-79-
2) (provided for
in subheading
2916.20.50)......
SEC. 1338. S-BIOALLETHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.33 [1R-[1a(S*),3b]]- Free No change No change On or before 12/ ''.
2-Methyl-4-oxo-3- 31/2009
(2-propenyl)-2-
cyclopenten-1-yl
2,2-dimethyl-3-(2-
methylprop-1-
enyl)cyclopropane
carboxylate (S-
Bioallethrin)
(CAS No. 28434-00-
6) (provided for
in subheading
2916.20.50)......
SEC. 1339. TETRAMETHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.34 (1,3,4,5,6,7- Free No change No change On or before 12/ ''.
Hexahydro-1,3- 31/2009
dioxo-2H-isoindol-
2-yl)methyl 2,2-
dimethyl-3-(2-
methylprop-1-
enyl)cyclopropane
carboxylate (CAS
No. 7696-12-0)
(Tetramethrin)
(provided for in
subheading
2925.19.90)......
SEC. 1340. TRALOMETHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3126]]
120 STAT. 3126
----------------------------------------------------------------------------------------------------------------
`` 9902.24.35 Cyano(3- Free No change No change On or before 12/ ''.
phenoxyphenyl)met 31/2009
hyl 2,2-dimethyl-
3-(1,2,2,2-
tetrabromoethyl)-
cyclopropanecarbo
xylate
(Tralomethrin)
(CAS No. 66841-25-
6) and
application
adjuvants
(provided for in
subheading
3808.10.25)......
SEC. 1341. FLUMICLORAC-PENTYL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.36 Pentyl [2-chloro- Free No change No change On or before 12/ ''.
5-(cyclohex-1-ene- 31/2009
1,2-
dicarboximido)-4-
fluorophenoxy]ace
tate (Flumiclorac-
pentyl) (CAS No.
87547-04-4)
(provided for in
subheading
2926.90.25)......
SEC. 1342. 1-PROPENE-2-METHYL HOMOPOLYMER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.37 1-Propene-2-methyl Free No change No change On or before 12/ ''.
homopolymer (CAS 31/2009
No. 9003-27-4)
(provided for in
subheading
3902.30.00)......
SEC. 1343. ACRONAL-S-600.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.38 2-Propenoic acid, Free No change No change On or before 12/ ''.
polymer with 31/2009
ethenylbenzene
and 2-ethylhexyl
2-propenoate (CAS
No. 25085-19-2)
(provided for in
subheading
3903.90.50)......
SEC. 1344. LUCIRIN TPO.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.39 Diphenyl (2,4,6- Free No change No change On or before 12/ ''.
trimethylbenzoyl) 31/2009
phosphine oxide
(CAS No. 75980-60-
8) (provided for
in subheading
2931.00.30)......
SEC. 1345. SOKALAN PG IME.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3127]]
120 STAT. 3127
----------------------------------------------------------------------------------------------------------------
`` 9902.24.40 1H-Imidazole, Free No change No change On or before 12/ ''.
polymer with 31/2009
(chloromethyl)
oxirane (CAS No.
68797-57-9)
(provided for in
subheading
3911.90.90)......
SEC. 1346. LYCOPENE 10 PERCENT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.41 Lycopene 10 Free No change No change On or before 12/ ''.
percent (CAS No. 31/2009
502-65-8)
(provided for in
subheading
2106.90.95)......
SEC. 1347. MIXTURES OF CAS NOS. 181274-15-7 AND 208465-21-8.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.42 Mixtures of Free No change No change On or before 12/ ''.
methyl 2-(4,5- 31/2009
dihydro-4-methyl-
5-oxo-3-propoxy-
1H-1,2,4-triazol-
1-yl)
carboxamidosulfon
ylbenzoate,
sodium salt
(Propoxycarbazone-
sodium) (CAS No.
181274-15-7), 2-
[(4,6-
dimethoxypyrimidi
n-2-
ylcarbamoyl)sulfa
moyl]-a-
(methanesulfonami
do)-p-toluic
acid, methyl
ester
(Mesosulfuron-
methyl) (CAS No.
208465-21-8), and
application
adjuvants
(provided for in
subheading
3808.30.15)......
SEC. 1348. 2-METHYL-1-[4-(METHYLTHIO)PHENYL]-2-(4-MORPHOLINYL)-1-
PROPANONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.43 2-Methyl-1-[4- Free No change No change On or before 12/ ''.
(methylthio)pheny 31/2009
l]-2-(4-
morpholinyl)-1-
propanone (CAS
No. 71868-10-5)
(provided for in
subheading
2934.99.39)......
SEC. 1349. 1,6-HEXANEDIAMINE, N,N- BIS(2,2,6,6-TETRAMETHYL-4-
PIPERIDINYL)-, POLYMER WITH 2,4,6-TRICHLORO-1,3,5-TRIAZINE,
REACTION PRODUCTS WITH N-BUTYL-1-BUTANAMINE AND N-BUTYL-
2,2,6,6-TETRAMETHYL-4- PIPERIDINAMINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3128]]
120 STAT. 3128
----------------------------------------------------------------------------------------------------------------
`` 9902.24.44 1,6- Free No change No change On or before 12/ ''.
Hexanediamine, 31/2009
N,N- bis(2,2,6,6-
tetramethyl-4-
piperidinyl)-,
polymer with
2,4,6-trichloro-
1,3,5-triazine,
reaction products
with N-butyl-1-
butanamine and N-
butyl- 2,2,6,6-
tetramethyl-4-
piperidinamine
(CAS No. 192268-
64-7) (provided
for in subheading
3911.90.90)......
SEC. 1350. VAT BLACK 25.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.45 Vat Black 25 (CAS Free No change No change On or before 12/ ''.
No. 4395-53-3) 31/2009
(provided for in
subheading
3204.15.80)......
SEC. 1351. ACID ORANGE 162.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.46 Acid Orange 162 Free No change No change On or before 12/ ''.
(CAS No. 73612-40- 31/2009
5) (provided for
in subheading
3204.12.45)......
SEC. 1352. METHYL SALICYLATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.47 Methyl salicylate Free No change No change On or before 12/ ''.
(CAS No. 119-36- 31/2009
8) (provided for
in subheading
2918.23.20)......
SEC. 1353. 1,2-OCTANEDIOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.48 1,2-Octanediol Free No change No change On or before 12/ ''.
(CAS No. 1117-86- 31/2009
8) (provided for
in subheading
2905.39.90)......
SEC. 1354. MENTHONE GLYCERIN ACETAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.49 Menthone glycerin Free No change No change On or before 12/ ''.
acetal (CAS No. 31/2009
63187-91-7)
(provided for in
subheading
2932.99.90)......
[[Page 3129]]
120 STAT. 3129
SEC. 1355. PONTAMINE GREEN 2B.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.50 Dyestuff Free No change No change On or before 12/ ''.
containing as 31/2009
active ingredient
2,7-
naphthalenedisulf
onic acid, 3,3'-
[carbonylbis(imin
o-4,1-
phenyleneazo)]bis
[4-amino-5-
hydroxy-6-
(phenylazo)-,
tetrasodium salt
(CAS No. 59262-64-
5) (provided for
in subheading
3204.14.50)......
SEC. 1356. BAYDERM BOTTOM 10 UD.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.51 Aqueous Free No change No change On or before 12/ ''.
polyurethane 31/2009
dispersions
containing 29
percent to 31
percent solids
content of
hexanedioic acid,
polymer with N-(2-
aminoethyl)-1,2-
ethanediamine, 2-
butene-1,4-diol,
1,6-
diisocyanatohexan
e, 1,2-
ethanediol, 1,3-
isobenzofurandion
e, methyloxirane,
oxirane and
sodium hydrogen
sulfite, 2-(2-
butoxyethoxy)etha
nol-blocked (CAS
No. 100486-94-0)
(provided for in
subheading
3909.50.50)......
SEC. 1357. BAYDERM FINISH DLH.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.52 Hexanedioic acid, Free No change No change On or before 12/ ''.
polymer with 1,4- 31/2009
butanediol, 1,6-
diisocyanatohexan
e and 1,6-
hexanediol, 2-((2-
aminoethyl)amino)
ethanesulfonic
acid, of 38 to 42
percent solids
content in
aqueous
dispersion (CAS
No. 68037-41-2)
(provided for in
subheading
3909.50.50)......
SEC. 1358. LEVAGARD DMPP.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3130]]
120 STAT. 3130
----------------------------------------------------------------------------------------------------------------
`` 9902.24.53 Dimethyl Free No change No change On or before 12/ ''.
propylphosphonate 31/2009
(CAS No. 18755-43-
6) (provided for
in subheading
2931.00.90)......
SEC. 1359. BAYDERM BOTTOM DLV.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.54 Aqueous Free No change No change On or before 12/ ''.
polyurethane 31/2009
dispersions
containing 38
percent to 42
percent solids
content of
propanoic acid, 3-
hydroxy-2-
(hydroxymethyl)-2-
methyl-, polymer
with 2-[(2-
aminoethyl)
amino]ethanesulfo
nic acid,
monosodium salt,
1,6-
diisocyanatohexan
e, diphenyl
carbonate, 1,2-
ethanediamine,
1,6-hexanediol,
hydrazine,
methyloxirane,
oxirane and 1,2-
propanediol, 2-(2-
butoxyethoxy)etha
nol-blocked (CAS
No. 137898-95-4)
(provided for in
subheading
3909.50.50)......
SEC. 1360. CERTAIN ETHYLENE-VINYL ACETATE COPOLYMERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.55 Ethylene-vinyl Free No change No change On or before 12/ ''.
acetate 31/2009
copolymers, other
than those in
aqueous
dispersions,
containing 50
percent or more
by weight vinyl
acetate monomer
(CAS No. 24937-78-
8) (provided for
in subheading
3905.29.00)......
SEC. 1361. CYAZOFAMID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.56 Mixtures of 4- Free No change No change On or before 12/ ''.
chloro-2-cyano- 31/2009
N,N-dimethyl-5-(4-
methylphenyl)-1H-
imidazole-1-
sulfonamide
(Cyazofamid) (CAS
No. 120116-88-3)
and application
adjuvants
(provided for in
subheading
3808.20.15)......
SEC. 1362. FLONICAMID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3131]]
120 STAT. 3131
----------------------------------------------------------------------------------------------------------------
`` 9902.24.57 N-(Cyanomethyl)-4- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2009
-3-
pyridinecarboxami
de (Flonicamid)
(CAS No. 158062-
67-0) (provided
for in subheading
2933.39.27)......
SEC. 1363. ZETA-CYPERMETHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.58 (S)-Cyano-(3- Free No change No change On or before 12/ ''.
phenoxyphenyl)met 31/2009
hyl (+)cis-3-(2,2-
dichloroethenyl)-
2,2-
dimethylcycloprop
anecarboxylate
and (S)-cyano-(3-
phenoxyphenyl)met
hyl (+)trans-3-
(2,2-
dichloroethenyl)-
2,2-
dimethylcycloprop
anecarboxylate
(Zeta-
cypermethrin)
(CAS No. 52315-07-
8) (provided for
in subheading
2926.90.30)......
SEC. 1364. 2-ETHYLHEXYL 4-METHOXYCINNAMATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.60 2-Ethylhexyl 4- Free No change No change On or before 12/ ''.
methoxycinnamate 31/2009
(CAS No. 5466-77-
3) (provided for
in subheading
2918.90.43)......
SEC. 1365. CERTAIN FLAME RETARDANT PLASTICIZERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.61 Plasticizers Free No change No change On or before 12/
containing 31/2009
diphenyl cresyl
phosphate (CAS
No. 26444-49-5),
triphenyl
phosphate (CAS
No. 115-86-6),
tricresyl
phosphate (CAS
No. 1330-78-5),
and phenyl
dicresyl
phosphate (CAS
No. 26446-73-1)
(provided for in
subheading
3812.20.10)......
9902.24.62 Phosphoric acid, Free No change No change On or before 12/ ''.
tris (2- 31/2009
ethylhexyl) ester
(CAS No. 78-42-2)
(provided for in
subheading
2919.00.50)......
SEC. 1366. BAYPURE DS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3132]]
120 STAT. 3132
----------------------------------------------------------------------------------------------------------------
`` 9902.24.63 Polyaspartic acid, Free No change No change On or before 12/ ''.
sodium salt, in 31/2009
aqueous solution
(CAS No. 181828-
06-8) (provided
for in subheading
3911.90.90)......
SEC. 1367. BAYOWET C4.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.64 1,1,2,2,3,3,4,4,4- Free No change No change On or before 12/ ''.
Nonafluorobutanes 31/2009
ulfonic acid,
potassium salt
(CAS No. 29420-49-
3) (provided for
in subheading
2904.90.50)......
SEC. 1368. CERTAIN BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.65 Bicycle Free No change No change On or before 12/ ''.
speedometers 31/2009
(provided for in
subheading
9029.20.20)......
SEC. 1369. OTHER CYCLES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.67 Unicycles Free No change No change On or before 12/ ''.
(provided for in 31/2009
subheading
8712.00.50)......
SEC. 1370. CERTAIN BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.68 Sets of steel Free No change No change On or before 12/ ''.
tubing cut to 31/2009
exact length and
each set having
the number of
tubes needed for
the assembly
(with other
parts) into the
frame and fork of
one bicycle
(provided for in
subheading
8714.91.50)......
SEC. 1371. CERTAIN BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.71 Brakes designed Free No change No change On or before 12/ ''.
for bicycles 31/2009
(other than drum
brakes, caliper
and cantilever
brakes, and
coaster brakes)
and parts thereof
(provided in
subheading
8714.94.90)......
[[Page 3133]]
120 STAT. 3133
SEC. 1372. (2-CHLOROETHYL)PHOSPHONIC ACID (ETHEPHON).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.73 (2- Free No change No change On or before 12/ ''.
Chloroethyl)phosp 31/2009
honic acid
(Ethephon) (CAS
No. 16672-87-0)
(provided for in
subheading
2931.00.90)......
SEC. 1373. PREPARATIONS CONTAINING 2-(1-(((3-CHLORO-2-
PROPENYL)OXY)IMINO)PROPYL)-5-(2-(ETHYLTHIO)PROPYL)-3-
HYDROXY-2-CYCLOHEXENE-1-ONE (CLETHODIM).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.74 Preparations Free No change No change On or before 12/ ''.
containing 2-(1- 31/2009
(((3-chloro-2-
propenyl)oxy)imin
o)propyl)-5-(2-
(ethylthio)propyl
)-3-hydroxy-2-
cyclohexene-1-one
(Clethodim) (CAS
No. 99129-21-2)
and application
adjuvants
(provided for in
subheading
3808.30.20)......
SEC. 1374. UREA, POLYMER WITH FORMALDEHYDE (PERGOPAK).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.75 Urea, polymer with Free No change No change On or before 12/ ''.
formaldehyde 31/2009
(Pergopak) (CAS
No. 9011-05-6)
(provided for in
subheading
3909.10.00)......
SEC. 1375. ORTHO NITROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.76 2-Nitroaniline Free No change No change On or before 12/ ''.
(CAS No. 88-74-4) 31/2009
(provided for in
subheading
2921.42.90)......
SEC. 1376. 2,2 -(2,5-THIOPHENEDIYL)BIS(5-(1,1-
DIMETHYLETHYL)BENZOXAZOLE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.77 2,2 -(2,5- Free No change No change On or before 12/ ''.
Thiophenediyl)bis 31/2009
(5-(1,1-
dimethylethyl)ben
zoxazole) (CAS
No. 7128-64-5)
(provided for in
subheading
3204.20.80)......
[[Page 3134]]
120 STAT. 3134
SEC. 1377. CERTAIN CHEMICALS AND CHEMICAL MIXTURES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.78 3-[(2-Chloro-5- Free No change No change On or before 12/ ...
thiazolyl) 31/2009
methyl]tetrahydro-
5-methyl-N-nitro-
4H-1,3,5-
oxadiazin-4-imine
(Thiamethoxam)
(CAS No. 153719-
23-4) (provided
for in subheading
2934.10.90)......
9902.24.79 Mixtures of ( Free No change No change On or before 12/ ...
plus-minus )- 31/2009
(cis and trans)-1-
(2-(2,4-
Dichlorophenyl)-4-
propyl-1,3-
dioxalan-2-
yl)methyl)-1H-
1,2,4-triazole
(Propiconazole)
(CAS No. 60207-90-
1) and 3-iodo-2-
propynyl
butylcarbamate
(CAS No. 55406-53-
6), and
application
adjuvants
(provided for in
subheading
3808.20.15)......
9902.24.80 Mixtures of 4,6- Free No change No change On or before 12/ ...
dimethyl-N-phenyl- 31/2009
2-pyrimidinamine
(Pyrimethanil)
(CAS No. 53112-28-
0), ( plus-
minus )-1-[2-
(2,4-
dichlorophenyl)-2-
(2-
propenyloxy)ethyl
]-1-H-imidazole
sulfate (Imazalil
Sulfate) (CAS No.
58595-72-2) and
application
adjuvants
(provided for in
subheading
3808.20.15)......
9902.24.81 ( plus-minus )- Free No change No change On or before 12/ ...
3-[2-[4-(6-Fluoro- 31/2009
1,2-benzisoxazol-
3-yl)-1-
piperidinyl]ethyl
]-6,7,8,9-
tetrahydro-9-
hydroxy-2-methyl-
4H-pyrido[1,2-
a]pyrimidin-4-one
(CAS No. 144598-
75-4) (provided
for in subheading
2934.99.39)......
9902.24.82 3-Benzo[b]thien-2- Free No change No change On or before 12/
yl-5, 6-dihydro- 31/2009
1,4,2-oxathiazine
4-oxide
(Bethoxazin) (CAS
No. 163269-30-5)
(provided for in
subheading
2934.99.12)......
[[Page 3135]]
120 STAT. 3135
----------------------------------------------------------------------------------------------------------------
`` 9902.24.83 4-Bromo-2-(4- Free No change No change On or before 12/ ...
chlorophenyl)-1- 31/2009
(ethoxymethyl)-5-
(trifluoromethyl)
-1H-pyrrole-3-
carbonitrile
(Chlorfenapyr)
(CAS No. 122453-
73-0) (provided
for in subheading
2933.99.17)......
9902.24.84 2-(p- Free No change No change On or before 12/ ...
Chlorophenyl)-3- 31/2009
cyano-4-bromo-5-
trifluoromethylpy
rrole
(Tralopyril) (CAS
No. 122454-29-9)
(provided for in
subheading
2933.99.22)......
9902.24.85 Mixtures of 4,6- Free No change No change On or before 12/ ''.
dimethyl-N- 31/2009
phenyl-2-
pyrimidinamine
(Pyrimethanil)
(CAS No. 53112-28-
0) and
application
adjuvants
(provided for in
subheading
3808.20.15)......
SEC. 1378. ACID RED 414.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.86 Acid Red 414 (CAS Free No change No change On or before 12/ ''.
No. 152287-09-7) 31/2009
(provided for in
subheading
3204.12.45)......
SEC. 1379. SOLVENT YELLOW 163.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.87 Solvent Yellow 163 Free No change No change On or before 12/ ''.
(CAS No. 13676-91- 31/2009
0) (provided for
in subheading
3204.19.20)......
SEC. 1380. 4-AMINO-3,6-BIS[[5-[[4-CHLORO-6-[METHYL[2-(METHYLAMINO)-2-
OXOETHYL]AMINO]-1,3,5-TRIAZIN-2-YL]AMINO]-2-
SULFOPHENYL]AZO]-5-HYDROXY-2,7-NAPHTHALENEDISULFONIC ACID,
LITHIUM POTASSIUM SODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3136]]
120 STAT. 3136
----------------------------------------------------------------------------------------------------------------
`` 9902.24.88 4-Amino-3,6-bis[[5- Free No change No change On or before 12/ ''.
[[4-chloro-6- 31/2009
[methyl[2-
(methylamino)-2-
oxoethyl]amino]-
1,3,5-triazin-2-
yl]amino]-2-
sulfophenyl]azo]-
5-hydroxy-2,7-
naphthalenedisulf
onic acid,
lithium potassium
sodium salt (CAS
No. 205764-96-1)
(provided for in
subheading
3204.16.30)......
SEC. 1381. REACTIVE RED 123.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.89 Reactive Red 123 Free No change No change On or before 12/ ''.
(CAS No. 85391-83- 31/2009
9) (provided for
in subheading
3204.16.20)......
SEC. 1382. REACTIVE BLUE 250.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.90 Reactive Blue 250 Free No change No change On or before 12/ ''.
(CAS No. 93951-21- 31/2009
4) (provided for
in subheading
3204.16.30)......
SEC. 1383. REACTIVE BLACK 5.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.91 Reactive Black 5 Free No change No change On or before 12/ ''.
(CAS No. 17095-24- 31/2009
8) (provided for
in subheading
3204.16.50)......
SEC. 1384. 5-[(2-CYANO-4-NITROPHENYL)AZO]-2-[[2-(2-
HYDROXYETHOXY)ETHYL]AMINO]-4-METHYL-6-(PHENYLAMINO)-3-
PYRIDINECARBONITRILE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.93 5-[(2-Cyano-4- Free No change No change On or before 12/ ''.
nitrophenyl) azo]- 31/2009
2-[[2-(2-
hydroxyethoxy)
ethyl]amino]-4-
methyl-6-
(phenylamino)-3-
pyridinecarbonitr
ile (CAS No.
149988-44-3)
(provided for in
subheading
3204.11.50)......
[[Page 3137]]
120 STAT. 3137
SEC. 1385. CYANO[3-[(6-METHOXY-2-BENZOTHIAZOLYL)AMINO]-1H-ISOINDOL-1-
YLIDENE]-ACETIC ACID, PENTYL ESTER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.94 Cyano[3-[(6- Free No change No change On or before 12/ ''.
methoxy-2- 31/2009
benzothiazolyl)am
ino]-1H-isoindol-
1-ylidene]acetic
acid, pentyl
ester (CAS No.
173285-74-0)
(provided for in
subheading
3204.11.50)......
SEC. 1386. [(9,10-DIHYDRO-9,10-DIOXO-1,4-ANTHRACENEDIYL)BIS[IMINO[3-(2-
METHYLPROPYL)-3,1-PROPANEDIYL]]]BISBENZENESULFONIC ACID,
DISODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.95 [(9,10-Dihydro- Free No change No change On or before 12/ ''.
9,10-dioxo-1,4- 31/2009
anthracenediyl)bi
s[imino[3-(2-
methylpropyl)-3,1-
propanediyl]]]
bisbenzenesulfoni
c acid, disodium
salt (CAS No.
72749-90-7)
(provided for in
subheading
3204.12.20)......
SEC. 1387. [4-(2,6-DIHYDRO-2,6-DIOXO-7-PHENYLBENZO[1,2-B:4,5-B']DIFURAN-
3-YL)PHENOXY]ACETIC ACID, 2-ETHOXYETHYL ESTER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.96 [4-(2,6-Dihydro- Free No change No change On or before 12/ ''.
2,6-dioxo-7- 31/2009
phenylbenzo[1,2-
b:4,5-b]difuran-3-
yl)phenoxy]acetic
acid, 2-
ethoxyethyl ester
(CAS No. 126877-
05-2) (provided
for in subheading
3204.11.35)......
SEC. 1388. 3-PHENYL-7-(4-PROPOXYPHENYL)BENZO[1,2-B:4,5-B']DIFURAN-2,6-
DIONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.97 3-Phenyl-7-(4- Free No change No change On or before 12/ ''.
propoxyphenyl)ben 31/2009
zo[1,2-b:4,5-
b]difuran-2,6-
dione (CAS No.
79694-17-0)
(provided for in
subheading
3204.11.35)......
[[Page 3138]]
120 STAT. 3138
SEC. 1389. 2-[[[2, 5-DICHLORO-4-[(2-METHYL-1H-INDOL-3-
YL)AZO]PHENYL]SULFONYL]AMINO]-ETHANESULFONIC ACID,
MONOSODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.98 2-[[[2, 5- Free No change No change On or before 12/ ''.
Dichloro-4-[(2- 31/2009
methyl-1H-indol-3-
yl)azo]phenyl]
sulfonyl]amino]-
ethanesulfonic
acid, monosodium
salt (CAS No.
68959-19-3)
(provided for in
subheading
3204.12.45)......
SEC. 1390. 2,7-NAPHTHALENEDISULFONIC ACID, 5-[[4-CHLORO-6-[(3-
SULFOPHENYL)AMINO]-1,3,5-TRIAZIN-2-YL]AMINO]-4-HYDROXY-3-
[[4-[[2-(SULFOXY)ETHYL]SULFONYL]PHENYL]AZO]-, SODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.99 2,7- Free No change No change On or before 12/ ''.
Naphthalenedisulf 31/2009
onic acid, 5-[[4-
chloro-6-[(3-
sulfophenyl)amino
]-1,3,5-triazin-2-
yl]amino]-4-
hydroxy-3-[[4-[[2-
(sulfoxy)ethyl]
sulfonyl]phenyl]a
zo]-, sodium
salt. (CAS No.
78952-61-1)
(provided for in
subheading
3204.16.30)......
SEC. 1391. 7-[[2-[(AMINOCARBONYL)AMINO]-4-[[4-[4-[2-[[4-[[3-
[(AMINOCARBONYL) AMINO]-4-[(3,6,8-TRISULFO-2-
NAPHTHALENYL)AZO]PHENYL]AMINO]-6-CHLORO-1,3,5-TRIAZIN-2-
YL]AMINO]ETHYL]- 1-PIPERAZINYL]-6-CHLORO-1,3,5-TRIAZIN-2-
YL]AMINO]PHENYL]AZO]-1,3,6-NAPHTHALENETRISULFONIC ACID,
LITHIUM POTASSIUM SODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.01 7-[[2- Free No change No change On or before 12/ ''.
[(Aminocarbonyl)a 31/2009
mino]-4-[[4-[4-[2-
[[4-[[3-
[(aminocarbonyl)
amino]-4-[(3,6,8-
trisulfo-2-
naphthalenyl)
azo]phenyl]amino]-
6-chloro-1,3,5-
triazin-2-
yl]amino]ethyl]-
1-piperazinyl]-6-
chloro-1,3,5-
triazin-2-
yl]amino]
phenyl]azo]-1,3,6-
naphthalenetrisul
fonic acid,
lithium potassium
sodium salt (CAS
No. 202667-43-4)
(provided for in
subheading
3204.16.30)......
[[Page 3139]]
120 STAT. 3139
SEC. 1392. 4-[[3-(ACETYLAMINO)PHENYL]AMINO]-1-AMINO-9,10-DIHYDRO-9,10-
DIOXO-2-ANTHRACENESULFONIC ACID, MONOSODIUM SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.02 4-[[3- Free No change No change On or before 12/ ''.
(Acetylamino)phen 31/2009
yl]amino]-1-amino-
9,10-dihydro-9,10-
dioxo-2-
anthracenesulfoni
c acid,
monosodium salt
(CAS No. 70571-81-
2) (provided for
in subheading
3204.12.45)......
SEC. 1393. [4-[2,6-DIHYDRO-2,6-DIOXO-7-(4-PROPOXYPHENYL)BENZO[1,2-B:4,5-
B ]DIFURAN-3-YL]PHENOXY]ACETIC ACID, 2-ETHOXYETHYL ESTER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.03 [4-[2,6-Dihydro- Free No change No change On or before 12/ ''.
2,6-dioxo-7-(4- 31/2009
propoxyphenyl)ben
zo[1,2-b:4,5-b
]difuran-3-
yl]phenoxy]acetic
acid, 2-
ethoxyethyl ester
(CAS No. 126877-
06-3) (provided
for in subheading
3204.11.35)......
SEC. 1394. BASIC YELLOW 40 CHLORIDE BASED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.04 Basic Yellow 40 Free No change No change On or before 12/ ''.
chloride based 31/2009
(CAS No. 29556-33-
0) (provided for
in subheading
3204.13.10)......
SEC. 1395. DIRECT YELLOW 119.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.05 Direct Yellow 119 Free No change No change On or before 12/ ''.
(CAS No. 4121-67- 31/2009
9) (provided for
in subheading
3204.14.50)......
SEC. 1396. NAUGARD 412S.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3140]]
120 STAT. 3140
----------------------------------------------------------------------------------------------------------------
`` 9902.25.06 Pentaerythritol Free No change No change On or before 12/ ''.
tetrakis[3- 31/2009
(dodecylthio)prop
ionate] (CAS No.
29598-76-3)
(provided for in
subheading
2930.90.90)......
SEC. 1397. TRIACETONAMINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.07 2,2,6,6- Free No change No change On or before 12/ ''.
Tetramethyl-4- 31/2009
piperidinone (CAS
No. 826-36-8)
(provided for in
subheading
2933.39.61)......
SEC. 1398. IPCONAZOLE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.08 2-[(4- Free No change No change On or before 12/ ''.
Chlorophenyl)meth 31/2009
yl]-5-(1-
methylethyl)-1-
(1H-1,2,4-triazol-
1-ylmethyl)
cyclopentanol
(Ipconazole) (CAS
No. 125225-28-7)
(provided for in
subheading
2933.99.22)......
SEC. 1399. OMITE TECH.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.09 2-(4-Tert- Free No change No change On or before 12/ ''.
butylphenoxy)cycl 31/2009
ohexylprop-2-ynyl
sulfite
(Propargite) (CAS
No. 2312-35-8)
(provided for in
subheading
2920.90.10)......
SEC. 1400. PANTERA TECHNICAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.10 (+)- Free No change No change On or before 12/ ''.
Tetrahydrofurfury 31/2009
l)-(R)-2-[4-(6-
chloroquinoxalin-
2-
yloxy)phenoxy]pro
pionoate
(Quizalofop p-
tefuryl) (CAS No.
119738-06-6)
(provided for in
subheading
2934.99.15) and
any formulations
containing such
compound
(provided for in
subheading
3808.30.15)......
[[Page 3141]]
120 STAT. 3141
SEC. 1401. P-TOLUENESULFONYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.11 p-Toluenesulfonyl Free No change No change On or before 12/ ''.
chloride (CAS No. 31/2009
98-59-9)
(provided for in
subheading
2904.10.10)......
SEC. 1402. PREFORMED PELLETS OF A MIXTURE OF SODIUM IODIDE, THALLIUM
IODIDE, DYSPROSIUM TRI-IODIDE, HOLMIUM TRI-IODIDE, THULIUM
TRI-IODIDE, AND SOMETIMES CALCIUM IODIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.12 Preformed pellets Free No change No change On or before 12/ ''.
of a mixture of 31/2009
sodium iodide,
thallium iodide,
dysprosium tri-
iodide, holmium
tri-iodide,
thulium tri-
iodide, and
sometimes calcium
iodide (CAS Nos.
7681-82-5, 7790-
30-9, 15474-63-2,
13813-41-7, 1381-
43-9, or 10102-68-
8) (provided for
in subheading
2827.60.50)......
SEC. 1403. P-AMINOBENZAMIDE (4-AMINOBENZAMIDE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.13 p-Aminobenzamide Free No change No change On or before 12/ ''.
(4- 31/2009
aminobenzamide)
(CAS No. 2835-68-
9) (provided for
in subheading
2924.29.76)......
SEC. 1404. P-CHLOROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.14 p-Chloroaniline Free No change No change On or before 12/ ''.
(CAS No. 106-47- 31/2009
8) (provided for
in subheading
2921.42.90)......
SEC. 1405. 4-CHLORO-2-NITROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.15 4-Chloro-2- Free No change No change On or before 12/ ''.
nitroaniline (CAS 31/2009
No. 89-63-4)
(provided for in
subheading
2921.42.55)......
[[Page 3142]]
120 STAT. 3142
SEC. 1406. O-CHLORO-P-TOLUIDINE (3-CHLORO-4-METHYLANILINE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.16 o-Chloro-p- Free No change No change On or before 12/ ''.
toluidine (3- 31/2009
chloro-4-
methylaniline)
(CAS No. 95-74-9)
(provided for in
subheading
2921.43.90)......
SEC. 1407. 2-CHLOROACETOACETANILIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.17 2- Free No change No change On or before 12/ ''.
Chloroacetoacetan 31/2009
ilide (CAS No. 93-
70-9) (provided
for in subheading
2924.29.76)......
SEC. 1408. P-ACETOACETANISIDIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.18 p- Free No change No change On or before 12/ ''.
Acetoacetanisidid 31/2009
e (CAS No. 5437-
98-9) (provided
for in subheading
2924.29.71)......
SEC. 1409. 1-HYDROXY-2-NAPHTHOIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.19 1-Hydroxy-2- Free No change No change On or before 12/ ''.
naphthoic acid 31/2009
(CAS No. 86-48-6)
(provided for in
subheading
2918.29.04)......
SEC. 1410. PIGMENT GREEN 7 CRUDE, NOT READY FOR USE AS A PIGMENT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.20 Copper Free No change No change On or before 12/ ''.
Phthalocyanine 31/2009
Green 7, Crude
(CAS No. 1328-53-
6) (provided for
in subheading
3204.17.90)......
SEC. 1411. 1,8-NAPHTHALIMIDE (1H-BENZ[DE]ISOQUINOLINE-1,3(2H)-DIONE).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3143]]
120 STAT. 3143
----------------------------------------------------------------------------------------------------------------
`` 9902.25.21 1,8-Naphthalimide Free No change No change On or before 12/ ''.
(1H- 31/2009
benz[de]isoquinol
ine-1,3(2H)-
dione) (CAS No.
81-83-4)
(provided for in
subheading
2925.19.42)......
SEC. 1412. DIISOPROPYL SUCCINATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.22 Diisopropyl Free No change No change On or before 12/ ''.
succinate (CAS 31/2009
No. 924-88-9)
(provided for in
subheading
2917.19.70)......
SEC. 1413. 2,4-DI-TERT-BUTYL-6-(5-CHLOROBENZOTRIAZOL-2-YL)PHENOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.23 2,4-Di-tert-butyl- Free No change No change On or before 12/ ''.
6-(5- 31/2009
chlorobenzotriazo
l-2-yl)phenol
(CAS No. 3864-99-
1) (provided for
in subheading
2933.99.12)......
SEC. 1414. DIRECT BLACK 22.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.25 Direct Black 22 Free No change No change On or before 12/ ''.
(CAS No. 6473-13- 31/2009
8) (provided for
in subheading
3204.14.50)......
SEC. 1415. METHYLENE BIS-BENZOTRIAZOLYL TETRAMETHYLBUTYLPHENOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.26 2,2- Free No change No change On or before 12/ ''.
Methylenebis[6- 31/2009
(2H-benzotriazol-
2-yl)-4-(1,1,3,3-
tetramethylbutyl)
phenol] (CAS No.
103597-45-1)
(provided for in
subheading
3824.90.28)......
SEC. 1416. BIS-ETHYLHEXYLOXYPHENOL METHOXYPHENOL TRIAZINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3144]]
120 STAT. 3144
----------------------------------------------------------------------------------------------------------------
`` 9902.25.27 2,2-(6-(4- Free No change No change On or before 12/ ''.
Methoxyphenyl)- 31/2009
1,3,5-triazine-
2,4-diyl)bis(5-
((2-
ethylhexyl)oxy)ph
enol) (CAS No.
187393-00-6)
(provided for in
subheading
2933.69.60)......
SEC. 1417. REACTIVE ORANGE 132.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.28 Reactive Orange Free No change No change On or before 12/ ''.
132 (CAS No. 31/2009
149850-31-7)
(provided for in
subheading
3204.16.30)......
SEC. 1418. ACID BLACK 244.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.29 Acid Black 244 Free No change No change On or before 12/ ''.
(CAS No. 30785-74- 31/2009
1) (provided for
in subheading
3204.12.45)......
SEC. 1419. CERTAIN CORES USED IN REMANUFACTURE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.30 Used fuel, Free No change No change On or before 12/ ...
lubricating or 31/2009
cooling medium
pumps for
internal
combustion piston
engines (provided
for in subheading
8413.30.10 or
8413.30.90)......
9902.25.31 Used compression- Free No change No change On or before 12/ ...
ignition internal 31/2009
combustion piston
engines to be
installed in
vehicles of
subheading
8701.20 or
heading 8704
(provided for in
subheading
8408.20.20)......
9902.25.32 Used gear boxes Free No change No change On or before 12/ ''.
for the vehicles 31/2009
of subheading
8701.20 or
heading 8704
(provided for in
subheading
8708.40.10)......
SEC. 1420. ADTP.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.33 2-Amino-5,8- Free No change No change On or before 12/ ''.
dimethoxy- 31/2009
(1,2,4)triazolo(1
,5-c)pyrimidine
(CAS No. 219715-
62-5) (provided
for in subheading
2933.59.95)......
[[Page 3145]]
120 STAT. 3145
SEC. 1421. DCBTF.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.34 3,4- Free No change No change On or before 12/ ''.
Dichlorobenzotrif 31/2009
luoride (CAS No.
328-84-7)
(provided for in
subheading
2903.69.08)......
SEC. 1422. NOVIFLUMURON.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.35 N-[[[3,5-Dichloro- Free No change No change On or before 12/ ''.
2-fluoro-4- 31/2009
(1,1,2,3,3,3-
hexafluoropropoxy
)
phenyl]amino]carb
onyl]-2,6-
difluorobenzamide
(Noviflumuron)
(CAS No. 121451-
02-3) (provided
for in subheading
2924.29.52)......
SEC. 1423. PARACHLOROBENZOTRIFLUORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.36 1-Chloro-4- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2009
benzene (CAS No.
98-56-6)
(provided for in
subheading
2903.69.08)......
SEC. 1424. MIXTURES OF INSECTICIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.37 Mixtures of Free No change No change On or before 12/ ''.
insecticide 31/2009
containing gamma-
cyhalothrin ((S)-
a-cyano-3-
phenoxybenzyl (Z)-
(1R, 3R)-3-(2-
chloro-3,3,3-
trifluoropropenyl
)-2,2-dimethyl
cyclopropanecarbo
xylate) as the
active ingredient
and application
adjuvants (CAS
No. 76703-62-3)
(provided for in
subheading
3808.10.25)......
SEC. 1425. MIXTURE OF FUNGICIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3146]]
120 STAT. 3146
----------------------------------------------------------------------------------------------------------------
`` 9902.25.38 Mixture of Free No change No change On or before 12/ ''.
quinoxyfen (5,7- 31/2009
dichloro-4-(4-
fluorophenoxyquin
oline)) and
application
adjuvants (CAS
No. 124495-18-7)
(provided for in
subheading
3808.20.15)......
SEC. 1426. 1,2-BENZISOTHIAZOL-3(2H)-ONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.39 1,2-Benzisothiazol- Free No change No change On or before 12/ ''.
3(2H)-one (CAS 31/2009
No. 2634-33-5)
(provided for in
subheading
3808.40.10)......
SEC. 1427. STYRENE, AR-ETHYL-, POLYMER WITH DIVINYLBENZENE AND STYRENE
(6CI) BEADS WITH LOW ASH.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.40 Styrene, ar-ethyl- Free No change No change On or before 12/ ''.
, polymer with 31/2009
divinylbenzene
and styrene beads
having low ash
content and
specifically
manufactured for
use as a
specialty filler
in lost wax mold
casting
applications and
in a variety of
other specialty
filler
applications (CAS
No. 9052-95-3)
(provided for in
subheading
3903.90.50)......
SEC. 1428. MIXTURES OF FUNGICIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.41 Mixtures of Free No change No change On or before 12/ ''.
myclobutanil (a- 31/2009
Butyl-a-(4-
chlorophenyl)-1H-
1,2,4-triazole-1-
propanenitrile,
and application
adjuvants (CAS
No. 88671-89-0)
(provided for in
subheading
3808.20.15)......
SEC. 1429. 2-METHYL-4-CHLOROPHENOXY-ACETIC ACID, DI-METHYLAMINE SALT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.42 2-Methyl-4- Free No change No change On or before 12/ ''.
chlorophenoxy- 31/2009
acetic acid,
dimethylamine
salt (CAS No.
2039-46-5)
(provided for in
subheading
2921.11.00)......
[[Page 3147]]
120 STAT. 3147
SEC. 1430. CHARGE CONTROL AGENT 7.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.43 Charge control Free No change No change On or before 12/ ''.
agent 7 31/2009
Chromate(1-
),bis{1-{(5-
chloro-2-
hydroxyphenyl)azo
}-2-
napthalenolato(2-
)}-hydrogen
(provided for in
subheading
2942.00.10)......
SEC. 1431. PRO-JET BLACK 820 LIQUID FEED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.44 Substituted Free No change No change On or before 12/ ''.
naphthalene 31/2009
[[substituted
pyridinyl azo]
alkoxyphenyl
azo]azo,
potassium /
sodium salt (PMN
No. P04-390)
(provided for in
subheading
3204.14.30)......
SEC. 1432. PRO-JET MAGENTA M700.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.45 Nickel Free No change No change On or before 12/ ''.
[substituted 31/2009
naphthenyl azo]
substituted
triazole, sodium
salt (PMN No. P-
03-307) (provided
for in subheading
3204.14.30)......
SEC. 1433. PRO-JET FAST BLACK 287 NA LIQUID FEED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.46 Pro-jet fast Free No change No change On or before 12/ ''.
black 287 NA 31/2009
liquid feed
([(substituted
naphthalenylazo)
substituted
naphthalenyl azo]
carboxyphenylene,
sodium salt) (PMN
No. P-90-391)
(provided for in
subheading
3204.14.30)......
SEC. 1434. PRO-JET FAST BLACK 286 STAGE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3148]]
120 STAT. 3148
----------------------------------------------------------------------------------------------------------------
`` 9902.25.47 Pro-jet fast Free No change No change On or before 12/ ''.
black 286 stage 31/2009
[(substituted
naphthalenylazo)
substituted
naphthalenyl azo]
carboxyphenylene,
sodium salt (PMN
No. P-90-394)
(provided for in
subheading
3204.14.30)......
SEC. 1435. PRO-JET CYAN 485 STAGE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.48 Copper Free No change No change On or before 12/ ''.
phthalocyanine 31/2009
substituted with
sulphonic acids
and alkyl
sulphonoamides,
sodium salt (PMN
No. P-99-105)
(provided for in
subheading
3204.14.30)......
SEC. 1436. PRO-JET BLACK 661 LIQUID FEED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.49 Aryl substituted Free No change No change On or before 12/ ''.
pyrazonyl 31/2009
[[[substituted
phenyl
azo]substituted
naphthenyl] Azo
phenyl]azo,
sodium salt (PMN
No. P-03-78)
(provided for in
subheading
3204.14.30)......
SEC. 1437. PRO-JET BLACK CYAN 854 LIQUID FEED.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.50 Copper Free No change No change On or before 12/ ''.
phthalocyanine 31/2009
substituted with
sulphonic acids
and alkyl
sulphonoamides,
sodium/ammonium
salts (PMN No.
P02-893)
(provided for in
subheading
3204.14.30)......
SEC. 1438. ERASERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.51 Erasers of Free No change No change On or before 12/ ''.
vulcanized rubber 31/2009
other than hard
rubber or
cellular rubber
(provided for in
subheading
4016.92.00)......
[[Page 3149]]
120 STAT. 3149
SEC. 1439. ARTIFICIAL FLOWERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.65 Artificial flowers Free No change No change On or before 12/ ''.
of man-made 31/2009
fibers (provided
for in subheading
6702.90.35)......
SEC. 1440. SUSPENSION SYSTEM STABILIZER BARS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.77 Suspension system Free No change No change On or before 12/
stabilizer bars of 31/2009 ''
alloy steel of .
Japanese JIS grade
SCM525S (26CrMo4) or
SCM435H (34CrMo4),
each weighing
approximately 42 kg,
comprising one rod
measuring
approximately 98.8 cm
in length at each end
of which is welded at
approximately right
angles to a rod
measuring
approximately 51 cm
in length (provided
for in subheading
8708.99.70), the
foregoing designed
for use in Class 7
and 8 trucks only....
SEC. 1441. RATTAN WEBBING.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.78 Rattan webbing Free No change No change On or before 12/ ''.
(provided for in 31/2009
subheading
4601.91.20)......
SEC. 1442. TRACTOR BODY PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.79 Parts and Free No change No change On or before 12/ ''.
accessories of 31/2009
bodies (including
cabs) for
tractors for
agricultural use
(provided for in
subheadings
8708.29.10,
8708.29.15,
8708.29.25, or
8708.29.50)......
SEC. 1443. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W BUT NOT
EXCEEDING 85 W.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3150]]
120 STAT. 3150
----------------------------------------------------------------------------------------------------------------
`` 9902.85.06 AC electric motors of Free No change No change On or before 12/
an output exceeding 31/2009 ''
74.6 W but not .
exceeding 85 W,
single phase; each
equipped with a
capacitor, a speed
control mechanism, a
motor mount of
plastics and a self-
contained gear
mechanism for
oscillation (provided
for in subheading
8501.40.40)..........
SEC. 1444. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W BUT NOT
EXCEEDING 105 W.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.85.07 AC electric motors of Free No change No change On or before 12/
an output exceeding 31/2009 ''
74.6 W but not .
exceeding 105 W,
single phase; each
equipped with a
capacitor, a rotary
speed control
mechanism, and a
motor mounting
cooling ring
(provided for in
subheading
8501.40.40)..........
SEC. 1445. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W BUT NOT
EXCEEDING 95 W.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.85.08 AC electric motors of Free No change No change On or before 12/
an output exceeding 31/2009 ''
74.6 W but not .
exceeding 95 W,
single phase, each
equipped with a
capacitor and a speed
control mechanism
(provided for in
subheading
8501.40.40)..........
SEC. 1446. CERTAIN AC ELECTRIC MOTORS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.85.09 AC electric motors of Free No change No change On or before 12/
an output exceeding 31/2009 ''
37.5 W but not .
exceeding 72 W,
single phase; each
equipped with a
capacitor, a speed
control mechanism, a
motor mount of
plastics and a self-
contained gear
mechanism for
oscillation (provided
for in subheading
8501.40.20)..........
SEC. 1447. VISCOSE RAYON YARN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3151]]
120 STAT. 3151
----------------------------------------------------------------------------------------------------------------
`` 9902.54.03 Single yarn of viscose Free No change No change On or before 12/
rayon, untwisted or 31/2009 ''
with a twist not .
exceeding 120 turns/m
(provided for in
subheading
5403.31.00)..........
SEC. 1448. CERTAIN TWISTED YARN OF VISCOSE RAYON.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.54.04 Single yarn of viscose Free No change No change On or before 12/
rayon, with a twist 31/2009 ''
exceeding 120 turns/m .
(provided for in
subheading
5403.32.00)..........
SEC. 1449. ALLYL UREIDO MONOMER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.06.02 2- Free No change No change On or before 12/ ''.
Imidazolidinone, 31/2007
1-(2-aminoethyl)-
, reaction
product with
oxirane, ((2-
propenyloxy)methy
l)- (CAS No.
90412-00-3)
(provided for in
subheading
2933.29.90)......
SEC. 1450. SYNTHETIC ELASTIC STAPLE FIBER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.55.03 Bi-component staple Free No change No change On or before 12/
fibers of elasterell- 31/2009 ''
p, measuring less .
than 3.5 decitex
(provided for in
subheading
5503.20.00)..........
SEC. 1451. CERTAIN FIBERGLASS SHEETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.70.19 Thin smooth nonwoven Free No change No change On or before 12/
fiberglass sheets, 31/2009 ''
approximately .0125 .
inches thick,
comprised principally
of glass fibers bound
together in a
polyvinyl alcohol
matrix, of a type
primarily used as
acoustical facing for
ceiling panels
provided for in
subheading
7019.32.00)..........
SEC. 1452. HALOPHOSPHOR CALCIUM DIPHOSPHATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3152]]
120 STAT. 3152
----------------------------------------------------------------------------------------------------------------
`` 9902.32.33 Halophosphor Free No change No change On or before 12/ ''.
calcium 31/2009
diphosphate;
inorganic product
of a kind used as
luminophores (CAS
No. 7790-76-3)
(provided for in
subheading
3206.50.00)......
SEC. 1453. CERTAIN RAYON STAPLE FIBERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.55.04 Viscose rayon Free No change No change On or before 12/
filaments having a 31/2008 ''
decitex of less than .
5.0 and a multi-
limbed cross-section,
the limbs having a
length-to-width
aspect ratio of at
least 2:1 (provided
for in subheading
5504.10.00)..........
SEC. 1454. SYNTHETIC QUARTZ OR FUSED SILICA PHOTOMASK SUBSTRATES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.70.60 Synthetic fused silica Free No change No change On or before 12/
(100 percent SiO2) 31/2008 ''
photomask blank .
substrates in squares
having a surface area
of 150 cm2 or more
but not over 522 cm2
and a thickness of
2.2 mm or more but
not over 6.45 mm
(provided for in
subheading
7006.00.40)..........
SEC. 1455. CERTAIN INTEGRATED MACHINES FOR MANUFACTURING PNEUMATIC
TIRES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.84.10 Machines for Free No change No change On or before 12/ ''.
molding or 31/2009
forming pneumatic
tires, the
forgoing
containing in a
single housing
both components
for processing
rubber, for
positioning and
assembling tire
components
(including but
not limited to
belts, cords, and
other reinforcing
materials) and
for curing
``green tires''
to produce
finished
pneumatic tires
of heading 4011;
parts of such
machines
(including
molds); or molds
entered
separately
(provided for in
8477.59.80,
8477.90.85, or
8480.71.80,
respectively)....
SEC. 1456. TRAMWAY CARS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
[[Page 3153]]
120 STAT. 3153
----------------------------------------------------------------------------------------------------------------
`` 9902.26.01 Tramway cars Free No change No change On or before 12/
imported pursuant 31/2009
to contract by or
on behalf of the
City of Seattle
(provided for in
subheading
8603.10.00)......
9902.26.02 Parts imported Free No change No change On or before 12/ ''.
pursuant to 31/2009
contract by or on
behalf of the
City of Seattle,
to be used in the
tramway cars
described in
heading
9902.26.01,
whether or not
such parts are
principally used
as parts of such
articles and
whether or not
covered by a
specific
provision within
the meaning of
additional United
States rule of
interpretation
1(c) (however:
provided for in
the tariff
schedule)........
SEC. 1457. CERTAIN ARTIFICIAL FILAMENT SINGLE YARN (OTHER THAN SEWING
THREAD).
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.26.12 Artificial filament Free No change No change On or before 12/
single yarn (other 31/2009 ''
than sewing thread), .
not put up for retail
sale, of viscose
rayon, untwisted or
with a twist not
exceeding 120 turns/m
(provided for in
subheading 5403.31)..
SEC. 1458. CERTAIN ELECTRICAL TRANSFORMERS RATED AT 25VA.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.85.05 120 volt/60 Hz Free No change No change On or before 12/
electrical 31/2009 ''
transformers, each .
with dimensions of 77
mm by 61 mm by 50 mm,
containing a layered
and uncut round core
with two balanced
bobbins, the
foregoing rated at
25VA (provided for in
subheading
8504.31.40)..........
SEC. 1459. CERTAIN ELECTRICAL TRANSFORMERS RATED AT 40VA.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.85.06 120 volt/60 Hz Free No change No change On or before 12/
electrical 31/2009 ''
transformers, each .
with dimensions of 80
mm by 71 mm by 59 mm,
containing a layered
and uncut round core
with two balanced
bobbins, the
foregoing rated at
40VA (provided for in
subheading
8504.31.40)..........
[[Page 3154]]
120 STAT. 3154
CHAPTER 2--REDUCTIONS
SEC. 1461. FLOOR COVERINGS AND MATS OF VULCANIZED RUBBER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.54 Floor coverings 2.17% No change No change On or before 12/ ''.
and mats of 31/2009
vulcanized rubber
(provided for in
subheading
4016.91.00)......
SEC. 1462. MANICURE AND PEDICURE SETS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.55 Manicure and 2.3% No change No change On or before 12/ ''.
pedicure sets, 31/2009
and combinations
thereof, whether
or not shrink-
wrapped for
retail display,
the foregoing
other than such
sets or
combinations in
leather cases or
other immediate
cases or
containers
(provided for in
subheading
8214.20.90)......
SEC. 1463. NITROCELLULOSE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.56 Cellulose nitrate 4.4% No change No change On or before 12/ ''.
(nitrocellulose) 31/2009
(CAS No. 9004-70-
0) (provided for
in subheading
3912.20.00)......
SEC. 1464. SULFENTRAZONE TECHNICAL.
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the
United States is amended by inserting in numerical sequence the
following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.57 N-[2,4-Dichloro-5- 1.2% No change No change On or before 12/ ''.
[4- 31/2009
(difluoromethyl)-
4,5-dihydro-3-
methyl-5-oxo-1H-
1,2,4-triazol-1-
yl]phenyl]methane
sulfona- mide
(Sulfentrazone)
(CAS No. 122836-
35-5) (provided
for in subheading
2935.00.75)......
SEC. 1465. CLOCK RADIO COMBOS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3155]]
120 STAT. 3155
----------------------------------------------------------------------------------------------------------------
`` 9902.25.58 Radiobroadcast 0.7% No change No change On or before 12/ ''.
receivers capable 31/2009
of operating
without an
external source
of power,
incorporating a
clock or clock
timer (provided
for in subheading
8527.19.50)......
SEC. 1466. THIAMETHOXAM TECHNICAL.
(a) Calendar Years 2007-2008.--
(1) In general.--Heading 9902.03.11 of the Harmonized Tariff
Schedule of the United States (relating to Thiamethoxam
Technical) is amended--
(A) by striking ``3.0%'' and inserting ``Free''; and
(B) by striking ``12/31/2009'' and inserting ``12/
31/2008''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2007.
(b) Calendar Year 2009.--
(1) In general.--Heading 9902.03.11, as amended by
subsection (a), is further amended--
(A) by striking ``Free'' and inserting ``1.8%''; and
(B) by striking ``12/31/2008'' and inserting ``12/
31/2009''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2009.
SEC. 1467. STAPLE FIBERS OF VISCOSE RAYON, NOT CARDED, COMBED, OR
OTHERWISE PROCESSED FOR SPINNING.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.59 Staple fibers of 3.4% No change No change On or before 12/
viscose rayon, not 31/2009 ''
carded, combed, or .
otherwise processed
for spinning
(provided for in
subheading
5504.10.00).........
SEC. 1468. CERTAIN MEN'S FOOTWEAR COVERING THE ANKLE WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3156]]
120 STAT. 3156
----------------------------------------------------------------------------------------------------------------
`` 9902.25.60 Men's footwear 12.8% No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, covering
the ankle, whose
height from the
bottom of the
outer sole to the
top of the upper
does not exceed 8
inches (20.32
cm), designed to
be worn in lieu
of, but not over,
other footwear as
a protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1469. CERTAIN FOOTWEAR NOT COVERING THE ANKLE WITH COATED OR
LAMINATED TEXTILE FABRICS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.61 Men's footwear 15.2% No change No change On or before 12/ ''.
(except 31/2009
vulcanized
footwear and
footwear with
waterproof molded
bottoms,
including bottoms
comprising an
outer sole and
all or part of
the upper),
valued over $20/
pair, not
covering the
ankle, designed
to be worn in
lieu of, but not
over, other
footwear as a
protection
against water,
oil, grease or
chemicals or cold
or inclement
weather where
such protection
includes
protection
against water
that is imparted
by the use of a
coated or
laminated textile
fabric (provided
for in subheading
6404.19.20)......
SEC. 1470. ACRYLIC OR MODACRYLIC SYNTHETIC STAPLE FIBERS, NOT CARDED,
COMBED, OR OTHERWISE PROCESSED FOR SPINNING.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.62 Acrylic or 3.7% No change No change On or before 12/ ''.
modacrylic staple 31/2009
fibers, not
carded, combed,
or otherwise
processed for
spinning
(provided for in
subheading
5503.30.00)......
[[Page 3157]]
120 STAT. 3157
SEC. 1471. CERTAIN WOMEN'S FOOTWEAR.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.63 Footwear for women 1.5% No change No change On or before 12/ ''.
with outer soles 31/2009
of rubber or
plastics and
uppers of textile
materials other
than of vegetable
fibers, with open
toes or open
heels or of the
slip-on type
(provided for in
subheading
6404.19.30)......
SEC. 1472. NUMEROUS OTHER SEALS MADE OF RUBBER OR SILICONE, AND COVERED
WITH, OR REINFORCED WITH, A FABRIC MATERIAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.64 Seals of textile 3.0% No change No change On or before 12/
material or fabric 31/2009 ''
covering or .
reinforcing a core
of rubber or
silicone, the
foregoing designed
for use in airplanes
(provided for in
subheading
5911.90.00).........
SEC. 1473. TETRAKIS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.65 Tetrakis(2,4-di- 3.6% No change No change On or before 12/ ''.
tert-butylphenyl) 31/2009
4,4'-
biphenyldiphosphi
nate (CAS No.
38613-77-3)
(provided for in
subheading
2931.00.30)......
SEC. 1474. GLYCINE, N,N-BIS[2-HYDROXY-3-(2-PROPENYLOXY)PROPYL]-,
MONOSODIUM SALT, REACTION PRODUCTS WITH AMMONIUM HYDROXIDE
AND PENTAFLUOROIODOETHANE-TETRAFLUOROETHYLENE TELOMER.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.66 Glycine, N,N- 1.1% No change No change On or before 12/ ''.
bis[2-hydroxy-3- 31/2009
(2-
propenyloxy)propy
l]-, monosodium
salt, reaction
products with
ammonium
hydroxide and
pentafluoroiodoet
hane-
tetrafluoroethyle
ne telomer (CAS
number 220459-70-
1) (provided for
in subheading
3809.92.50)......
[[Page 3158]]
120 STAT. 3158
SEC. 1475. DIETHYL KETONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.67 Diethyl ketone 1.3% No change No change On or before 12/ ''.
(CAS No. 96-22-0) 31/2009
(provided for in
subheading
2914.19.00)......
SEC. 1476. ACEPHATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.68 O,S-Dimethyl 1.8% No change No change On or before 12/ ''.
acetylphosphorami 31/2009
dothioate
(Acephate) (CAS
No. 30560-19-1)
(provided for in
subheading
2930.90.44)......
SEC. 1477. FLUMIOXAZIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.69 2-[7-Fluoro-3,4- 5.3% No change No change On or before 12/ ''.
dihydro-3-oxo-4- 31/2009
(2-propynyl)-2H-
1,4-benzoxazin-6-
yl]-4,5,6,7-
tetrahydro-1H-
isoindole-1,3(2H)-
dione
(Flumioxazin)(CAS
No. 103361-09-7)
(provided for in
subheading
2934.99.15)......
SEC. 1478. GARENOXACIN MESYLATE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.70 1-Cyclopropyl-8- 3.1% No change No change On or before 12/ ''.
(difluoromethoxy) 31/2009
-7-[(1R)-1-methyl-
2,3-dihydro-1H-5-
isoindolyl]-4-oxo-
1,4-
dihydroquinoline-
3-carboxylic acid
monoethanesulfona
te monohydrate
(Garenoxacin
mesylate) (CAS
No. 223652-90-2)
(provided for in
subheading
2933.49.26)......
SEC. 1479. BUTYLATED HYDROXYETHYLBENZENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.71 2,6-Di-tert-butyl- 2.7% No change No change On or before 12/ ''.
4-ethylphenol 31/2009
(CAS No. 4130-42-
1) (provided for
in subheading
2907.19.20)......
[[Page 3159]]
120 STAT. 3159
SEC. 1480. CERTAIN AUTOMOTIVE CATALYTIC CONVERTER MATS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.72 Catalytic 1.5% No change No change On or before 12/ ''.
converter mats of 31/2009
ceramic fibers
containing over
65 percent by
weight of
aluminum oxide,
the foregoing
4.7625 mm or more
in thickness, in
bulk, sheets or
rolls and
designed for
motor vehicles of
heading 8703
(provided for in
subheading
6806.10.00)......
SEC. 1481. 3,3'-DICHLOROBENZIDINE DIHYDROCHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.73 3,3- 5.9% No change No change On or before 12/ ''.
Dichlorobenzidine 31/2009
dihydrochloride
([1,1-biphenyl]-
4,4-diamino, 3,3-
dichloro-) (CAS
No. 612-83-9)
(provided for in
subheading
2921.59.80)......
SEC. 1482. TMC114.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.74 3-[4- 6.4% No change No change On or before 12/ ''.
Aminobenzensulfon 31/2009
yl)isobutylamino]-
1-[benzyl-2-
hydroxypropyl]car
bamic acid,
hexahydrofuro[2,3-
b]furan-3-yl
ester ethanolate
(CAS No. 206361-
99-1) (provided
for in subheading
2932.99.61)......
SEC. 1483. BIAXIALLY ORIENTED POLYPROPYLENE DIELECTRIC FILM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.75 Biaxially oriented 3.7% No change No change On or before 12/ ''.
polypropylene 31/2009
film, certified
by the importer
as intended for
use in capacitors
and as produced
from solvent-
washed low ash
content ( 50 ppm)
polymer resin
(CAS No. 9003-07-
0) (provided for
in subheading
3920.20.00)......
SEC. 1484. BIAXIALLY ORIENTED POLYETHYLENE TEREPHTHALATE DIELECTRIC
FILM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
[[Page 3160]]
120 STAT. 3160
----------------------------------------------------------------------------------------------------------------
`` 9902.25.76 Biaxially oriented 3.4% No change No change On or before 12/ ''.
polyethylene 31/2009
terephthalate
film, certified
by the importer
as intended for
use in capacitors
and as produced
from solvent-
washed low ash
content ( 300
ppm) polymer
resin (CAS No.
25038-59-9)
(provided for in
subheading
3920.62.00)......
SEC. 1485. CERTAIN BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.66 Child carriers, 9.2% No change No change On or before 12/ ''.
chain tension 31/2009
adjustors, chain
covers,
mechanical grips
with 2.223 cm
internal
diameter, air
horns, wide-angle
reflectors,
saddle covers of
plastics, chain
tensioners, toe
clips, head sets
or seat posts,
all the foregoing
designed for use
on bicycles
(provided for in
subheading
8714.99.80)......
SEC. 1486. CERTAIN BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.69 Bicycle wheel rims 1.8% No change No change On or before 12/ ''.
(provided for in 31/2009
subheading
8714.92.10)......
SEC. 1487. BIFENTHRIN.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.72 (2-Methyl[1,1'- 0.7% No change No change On or before 12/ ''.
biphenyl]-3- 31/2009
yl)methyl-3-(2-
chloro-3,3,3-
trifluoro-1-
propenyl)-2,2-
dimethylcycloprop
anecarboxylate
(Bifenthrin) (CAS
No. 82657-04-3)
(provided for in
subheading
2916.20.50)......
SEC. 1488. REDUCED VAT 1.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.92 Reduced Vat 1 (CAS 1.9% No change No change On or before 12/ ''.
No. 207692-02-2) 31/2009
(provided for in
subheading
3204.15.40)......
[[Page 3161]]
120 STAT. 3161
SEC. 1489. 4-CHLOROBENZONITRILE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.24 p- 1.5% No change No change On or before 12/ ''.
Chlorobenzonitril 31/2009
e (CAS No. 623-03-
0) (provided for
in subheading
2926.90.14)......
SEC. 1490. NAIL CLIPPERS AND NAIL FILES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.52 Nail nippers and 3.2% No change No change On or before 12/ ''.
clippers and nail 31/2009
files (provided
for in subheading
8214.20.30)......
SEC. 1491. ELECTRIC AUTOMATIC SHOWER CLEANERS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.98.08 Electromechanical 2.1% No change No change On or before 12/ ''.
bath or shower 31/2009
cleaner devices,
each designed to
dispense a dilute
solution of
bleach
substitutes and
detergents using
a button-
activated,
battery-powered
piston pump
controlled by a
microchip to
release a
measured quantity
of such solution
(provided for in
subheading
8509.80.00)......
SEC. 1492. MESOTRIONE TECHNICAL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.25.80 2-[4- 6.04% No change No change On or before 12/ ''.
(Methylsulfonyl)- 31/2006
2-nitrobenzoyl]-
1,3-
cyclohexanedione
(Mesotrione) (CAS
No. 104206-82-8)
(provided for in
subheading
2930.90.10)......
SEC. 1493. CERTAIN CRANK-GEAR AND OTHER BICYCLE PARTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.24.70 Crank-gear and 6.1% No change No change On or before 12/ ''.
parts thereof 31/2009
(other than
cotterless-type
crank sets and
parts thereof)
(provided for in
subheading
8714.96.90)......
[[Page 3162]]
120 STAT. 3162
Subtitle B--Existing Suspensions and Reductions
SEC. 1501. EXTENSIONS OF EXISTING SUSPENSIONS AND OTHER MODIFICATIONS.
(a) Extensions.--Each of the following headings is amended by
striking the date in the effective period column and inserting ``12/31/
2009'':
(1) Heading 9902.02.29 (relating to 10,10'-
oxybisphenoxarsine).
(2) Heading 9902.84.88 (relating to certain manufacturing
equipment).
(3) Heading 9902.02.48 (relating to 1,5-
Naphthalenedisulfonic acid, 2-[[8- [[4-[[3-[[[2-
(ethenylsulfonyl)ethyl] amino]carbonyl]phenyl]amino]-6-fluoro-
1,3,5-triazin- 2-yl]amino]-1-hydroxy- 3,6-disulfo-2-
naphthalenyl]azo]-, tetrasodium salt (CAS No. 116912-36-8)
(provided for in subheading 3204.16.30).
(4) Heading 9902.02.47 (relating to cuprate(3-), [2-[[[[3-
[[4-[[2-[2- (ethenylsulfonyl)ethoxy]ethyl]amino]-6-fluoro-1,3,5-
triazin-2-yl]amino]-2-(hydroxy-k.o)-5-sulfophenyl]azo-
k.n2]phenylmethyl]azo-k.n1]-4-sulfobenzoato(5-)-k.o],
trisodium).
(5) Heading 9902.02.44 (relating to 2,7-
naphthalenedisulfonic acid, 5-[[4-chloro-6-[[2-[[4-fluoro-6-[[5-
hydroxy-6-[(4-methoxy-2-sulfophenyl)azo]-7-sulfo-2-
naphthalenyl]amino]-1,3,5-triazin-2-yl] amino]-1-
methylethyl]amino]-1,3,5-triazin-2-yl]amino]-3-[[4-
(ethenylsulfonyl)phenyl]azo]-4-hydrox'-, sodium salt).
(6) Heading 9902.02.46 (relating to 7,7'-[1,3-
propanediylbis[imino(6-fluoro-1,3,5-triazine-4,2-diyl)imino[2-
[(aminocarbonyl)amino]-4,1-phenylene]azo]]bis-, sodium salt).
(7) Heading 9902.03.79 (relating to thiophanate-methyl
fungicide 70 percent wettable powder).
(8) Heading 9902.84.81 (relating to certain manufacturing
equipment).
(9) Heading 9902.84.91 (relating to certain sawing
machines).
(10) Heading 9902.84.85 (relating to certain extruders used
in the production of radial tires).
(11) Heading 9902.84.83 (relating to certain manufacturing
equipment).
(12) Heading 9902.28.20 (relating to ammonium bifluoride).
(13) Heading 9902.05.05 (relating to p-acetanisole).
(14) Heading 9902.04.15 (relating to mixture (1:1) of
polyricinoleic acid homopolymer, 3-(dimethylamino)propylamide,
dimethylsulfate, quaternized and polyricinoleic acid).
(15) Heading 9902.03.21 (relating to 12-hydroxyoctadecanoic
acid, reaction product with N,N-dimethyl-1,3-propanediamine,
dimethyl sulfate, quaternized).
(16) Heading 9902.03.24 (relating to 2-oxepanone, polymer
with aziridine and tetrahydro-2H-pyran-2-one, dodecanoate
ester).
(17) Heading 9902.02.49 (relating to p-(trifluoromethyl
benzaldehyde)).
[[Page 3163]]
120 STAT. 3163
(18) Heading 9902.32.22 (relating to Pigment Red 187).
(19) Heading 9902.32.72 (relating to Solvent Blue 104).
(20) Heading 9902.29.73 (relating to 4-amino-2,5-dimethoxy-
N-phenylbenzene sulfonamide).
(21) Heading 9902.02.25 (relating to electrical radio
broadcast receivers not combined with a clock).
(22) Heading 9902.02.24 (relating to electrical radio
broadcast receivers combined with a clock).
(23) Heading 9902.02.23 (relating to hand-held radio
scanners).
(24) Heading 9902.01.36 (relating to sodium methylate
powder).
(25) Heading 9902.01.41 (relating to allyl isosulfocyanate).
(26) Heading 9902.02.87 (relating to asulam sodium salt).
(27) Heading 9902.01.92 (relating to ink jet textile
printing machinery).
(28) Heading 9902.04.21 (relating to Cyan 1 special liquid
feed).
(29) Heading 9902.04.19 (relating to Fast Yellow 2 Stage).
(30) Heading 9902.29.91 (relating to methyl-4-
trifluoromethoxyphenyl-N-(chlorocarbonyl)).
(31) Heading 9902.01.85 (relating to certain epoxy molding
compounds).
(32) Heading 9902.01.14 (relating to 5-MPDC).
(33) Heading 9902.01.60 (relating to 2-mercaptoethanol).
(34) Heading 9902.01.61 (relating to bifenazate).
(35) Heading 9902.01.59 (relating to terrazole).
(36) Heading 9902.03.89 (relating to artichokes prepared or
preserved otherwise than by vinegar or acetic acid, not frozen).
(37) Heading 9902.01.62 (relating to fluoropolymers
containing 95 percent or more by weight of the 3 monomer units
tetrafluoroethylene, hexafluoropropylene, and vinylidene
fluoride).
(38) Heading 9902.33.63 (relating to 3-(ethylsulfonly)-2-
pyridinesulfonamide).
(39) Heading 9902.03.22 (relating to 40 percent polymer acid
salt/polymer amide 60 percent butyl acetate).
(40) Heading 9902.01.55 (relating to (Z)-(1RS,3RS)-3-(2-
chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylic acid).
(41) Heading 9902.01.57 (relating to (S)-alpha-hydroxy-3-
phenoxybenzeneacetonitrile).
(42) Heading 9902.02.98 (relating to polytetramethylene
ether glycol).
(43) Heading 9902.02.99 (relating to cis-3-hexen-1-ol).
(44) Heading 9902.01.75 (relating to Acid Black 172).
(45) Heading 9902.01.76 (relating to 9,10-anthracenedione,
1,5-dihydroxy-4-nitro-8-(phenylamino) and 9,10-anthracenedione,
1,8-dihydroxy-4-nitro-5-(phenylamino)-).
(46) Heading 9902.05.22 (relating to fenpropathrin).
(47) Heading 9902.01.64 (relating to 2-azetidinone, 1-(4-
fluorophenyl)-3-[(3S)-3-(4-fluorophenyl)-3-hydroxypropyl]-4-(4-
hydroxyphenyl)-, (3R,4S)-(ezetimibe)).
(48) Heading 9902.01.38 (relating to p-methylacetophenone).
[[Page 3164]]
120 STAT. 3164
(49) Heading 9902.01.35 (relating to 2-phenylbenzimidazole-
5-sulfonic acid).
(50) Heading 9902.05.04 (relating to methyl cinnamate).
(51) Heading 9902.01.43 (relating to thymol).
(52) Heading 9902.01.40 (relating to menthyl anthranilate).
(53) Heading 9902.01.42 (relating to 5-methyl-2-
(methylethyl)cyclohexyl-2-hydroxypropanoate).
(54) Heading 9902.29.25 (relating to 2-phenylphenol).
(55) Heading 9902.38.10 (relating to mixtures of sodium
salts).
(56) Heading 9902.01.47 (relating to helium).
(57) Heading 9902.03.87 (relating to certain 12V lead-acid
storage batteries).
(58) Heading 9902.01.01 (relating to bitolylene diisocyanate
(TODI)).
(59) Heading 9902.04.14 (relating to 1,1'-(methylimino)
dipropan-2-ol).
(60) Heading 9902.28.01 (relating to thionyl chloride).
(61) Heading 9902.02.14 (relating to Mondur P).
(62) Heading 9902.02.16 (relating to P-phenylphenol).
(63) Heading 9902.32.12 (relating to DEMT).
(64) Heading 9902.02.15 (relating to Bayowet FT-248).
(65) Heading 9902.29.23 (relating to PNTOSA).
(66) Heading 9902.04.03 (relating to Baysilone Fluid).
(67) Heading 9902.32.62 (relating to iron chloro-5,6-
diamino-1,3-naphthalenedisulfonate complexes).
(68) Heading 9902.32.85 (relating to bis(4-fluorophenyl)
methanone).
(69) Heading 9902.29.37 (relating to polymethine photo-
sensitizing dyes).
(70) Heading 9902.29.07 (relating to 4-hexylresorcinol).
(71) Heading 9902.85.42 (relating to certain cathode ray
tubes).
(72) Heading 9902.85.41 (relating to certain cathode ray
tubes).
(73) Heading 9902.32.14 (relating to 2-methyl-4,6-
bis[(octylthio)methyl]phenol).
(74) Heading 9902.32.30 (relating to 4-[[4,6-bis(octylthio)-
1,3,5-traizine-2-yl]amino]-2,6-bis(1,1-dimethylethyl)phenol).
(75) Heading 9902.03.51 (relating to Disperse Blue 77).
(76) Heading 9902.01.65 (relating to p-cresidine sulfonic
acid).
(77) Heading 9902.01.66 (relating to 2,4 disulfo
benzaldehyde).
(78) Heading 9902.01.68 (relating to benzenesulfonic acid,
3-[(ethylphenylamino) methyl]-).
(79) Heading 9902.01.67 (relating to m-hydroxybenzaldehyde).
(80) Heading 9902.02.38 (relating to 2 amino 5 sulfobenzoic
acid).
(81) Heading 9902.02.37 (relating to 2-amino-6-nitrophenol-
4-sulfonic acid).
(82) Heading 9902.02.39 (relating to 2,5 bis benzene
sulfonic acid).
(83) Heading 9902.02.40 (relating to 4 [(4 amino phenyl)
azo] benzene sulfonic acid, monosodium salt).
[[Page 3165]]
120 STAT. 3165
(84) Heading 9902.02.41 (relating to 4-[(4-aminophenyl) azo]
benzenesulfonic acid).
(85) Heading 9902.05.03 (relating to trimethyl cyclo
hexanol).
(86) Heading 9902.01.39 (relating to 2,2-dimethyl-3-(3-
methylphenyl)proponal).
(87) Heading 9902.29.08 (relating to 3-amino-5-mercapto-
1,2,4-triazole).
(88) Heading 9902.32.92 (relating to b-bromo-b-
nitrostyrene).
(89) Heading 9902.32.90 (relating to diiodomethyl-p-
tolylsulfone).
(90) Heading 9902.02.95 (relating to 2-propenoic acid,
polymer with diethenylbenzene).
(91) Heading 9902.29.59 (relating to N-butyl-N-ethyl-a,a,a-
trifluoro-2,6-dinitro-p-toluidine).
(92) Heading 9902.29.17 (relating to 2,6-dichloroaniline).
(93) Heading 9902.02.85 (relating to 3, 4-
dichlorobenzonitrile).
(94) Heading 9902.29.58 (relating to O,O-diethyl
phosphorochlorodothioate).
(95) Heading 9902.02.92 (relating to 1,2-
benzenedicarboxaldehyde).
(96) Heading 9902.33.92 (relating to 2,2-dithiobis(8-fluoro-
5-methoxy)-1,2,4-triazolo[1,5-c] pyrimidine).
(97) Heading 9902.29.26 (relating to 1,3-dimethyl-2-
imidazolidinone).
(98) Heading 9902.02.96 (relating to N-[3-(1-ethyl-1-
methylpropyl)-5-isoxazolyl]-2,6-dimethoxybenzamide (isoxaben)).
(99) Heading 9902.02.90 (relating to halofenozide).
(100) Heading 9902.02.89 (relating to propanamide, N-(3, 4-
dichlorophenyl)-.
(101) Heading 9902.29.61 (relating to quinoline).
(102) Heading 9902.05.17 (relating to tebufenozide).
(103) Heading 9902.02.93 (relating to mixed isomers of 1,3-
dichloropropene).
(104) Heading 9902.29.16 (relating to 4,4-dimethoxy-2-
butanone).
(105) Heading 9902.02.94 (relating to methacrylamide).
(106) Heading 9902.32.87 (relating to fenbuconazole).
(107) Heading 9902.29.02 (relating to 2-acetylnicotinic
acid).
(108) Heading 9902.29.06 (relating to diphenyl sulfide).
(109) Heading 9902.02.12 (relating to difenacanazole).
(110) Heading 9902.84.89 (relating to certain manufacturing
equipment).
(b) Extensions and Other Modifications.--
(1) Snowboard boots.--Heading 9902.64.04 is amended--
(A) by striking the article description and
inserting the following: ``Ski boots, cross country ski
footwear or snowboard boots, the foregoing valued over
$12/pair, with outer soles of rubber, plastics, leather
or composition leather and uppers of textile materials
(provided for in subheading 6404.11.90)'';
(B) by striking ``4%'' and inserting ``Free''; and
(C) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
[[Page 3166]]
120 STAT. 3166
(2) Bentazon.--Heading 9902.05.10 (relating to Bentazon) is
amended--
(A) by striking ``(bentazon, sodium salt)'' and
inserting ``(Bentazon, sodium salt)''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(3) Methyl n-(2-[[1-(4-chlorophenyl)-1h-pyrazol-3-yl]-
oxymethyl]phenyl)-n-methoxycarbanose (pyraclostrobin).--Heading
9902.01.21 (relating to methyl N-(2-[[1-(4-chlorophenyl)-1H-
pyrazol-3-yl]oxymethyl]phenyl)-N-methoxycarbanose
(Pyraclostrobin)) is amended--
(A) by striking the article description and
inserting the following: ``Methyl N-(2-[[1-(4-
chlorophenyl)pyrazol-3-yl]oxymethyl]phenyl)-(N-
methoxy)carbamate (Pyraclostrobin) (CAS No. 175013-18-0)
(provided for in subheading 2933.19.23)'';
(B) by striking ``Free'' and inserting ``6%''; and
(C) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(4) Extension and modification relating to combed
cashmere.--
(A) In general.--Heading 9902.03.01 (relating to
yarn of combed Kashmir (cashmere) or yarn of camel hair)
is amended by striking the date in the effective period
column and inserting ``12/31/2009''.
(B) Other modifications.--Heading 9902.03.02 is
amended--
(i) by striking ``of 6 run or finer
(equivalent to 19.35 metric yarn system)'' and
inserting ``of 19.35 metric yarn count or finer'';
and
(ii) by striking ``12/31/2006'' and inserting
``12/31/2009''.
(5) Fluorobenzene.--Heading 9902.03.05 (relating to
fluorobenzene) is amended--
(A) by striking ``2903.69.70'' and inserting
``2903.69.80''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(6) Certain neutralized phosphated polyester polymer.--
Heading 9902.03.25 (relating to 50 percent amine neutralized
phosphated polyester polymer) is amended--
(A) by striking ``50 percent solvesso 100'' and
inserting ``in solvesso 100'';
(B) by striking ``P-99-1218,''; and
(C) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(7) Vinclozolin.--Heading 9902.01.19 (relating to
Vinclozolin) is amended--
(A) by striking ``oxazolidineidione (vinclozolin)''
and inserting ``oxazolidinedione (Vinclozolin)''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(8) Fast yellow 746 stage.--Heading 9902.04.26 (relating to
Fast Yellow 746 Stage) is amended--
(A) by striking ``Bipyridirium'' and inserting
``Bipyridinium'';
(B) by inserting ``(Fast Yellow 746 Stage)'' after
``salt''; and
(C) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(9) Yellow 1 stage.--Heading 9902.04.24 (relating to Yellow
1 Stage) is amended--
(A) by inserting ``(Yellow 1 Stage)'' after
``salt''; and
[[Page 3167]]
120 STAT. 3167
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(10) Magenta 3b-oa stage.--Heading 9902.04.28 (relating to
magenta 3B-OA stage) is amended--
(A) by inserting ``(Magenta 3B-OA Stage)'' after
``salts''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(11) Certain artichokes.--Heading 9902.03.90 (relating to
artichokes prepared or preserved by vinegar or acetic acid) is
amended--
(A) by striking ``7.5%'' and inserting ``7.9%''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(12) Textured rolled glass sheets.--Heading 9902.70.03
(relating to textured rolled glass sheets) is amended--
(A) by striking ``Free'' and inserting ``0.7%''; and
(B) by striking ``12/31/2003'' and inserting ``12/
31/2009''.
(13) Magnesium aluminum hydroxide carbonate hydrate.--
Heading 9902.05.32 is amended--
(A) by inserting ``(CAS No. 12539-23-0)'' after
``organic fatty acid''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(14) Mixtures of sodium salts.--Heading 9902.29.83 is
amended--
(A) by inserting ``, whether or not in water'' after
``iminodisuccinic acid''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(15) A certain ultraviolet dye.--Heading 9902.28.19 is
amended--
(A) by inserting ``(CAS No. 313482-99-4)'' after ``-
methyl ester''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(16) Carfentrazone.--Heading 9902.01.54 is amended--
(A) by striking ``4.9%'' and inserting ``Free''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(17) Certain educational devices.--Heading 9902.85.43 is
amended--
(A) by striking ``1.67%'' and inserting ``0.55%'';
and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(18) Cyhalofop.--Heading 9902.02.86 is amended--
(A) by striking ``Free'' and inserting ``1.5%''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(19) a,a,a-Trifluoro-2,6-dinitro-p-toluidine.--Heading
9902.05.33 is amended--
(A) by striking ``Free'' and inserting ``2.6%''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(20) Certain mixtures of florasulam.--Heading 9902.02.88 is
amended--
(A) by striking ``Free'' and inserting ``1.5%''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(21) Methoxyfenozide.--Heading 9902.32.93 is amended--
(A) by striking ``Free'' and inserting ``1.0%''; and
(B) striking ``12/31/2006'' and inserting ``12/31/
2009''.
(22) Myclobutanil.--Heading 9902.02.91 is amended--
(A) by striking ``1.9%'' and inserting ``3.0%''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(23) Fluoroxypyr.--Heading 9902.29.77 is amended--
(A) by striking ``1.5%'' and inserting ``2.5%''; and
[[Page 3168]]
120 STAT. 3168
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(24) Pro-jet black 263 stage.--Heading 9902.03.09 is
amended--
(A) by striking the article description and
inserting ``[[Substituted naphthalenylazol] alkoxyl
phenyl azo] carboxyphenylene, lithium salt (PMN No. P-
00-351) (provided for in subheading 3204.14.30)''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(25) Ethalfluralin.--Heading 9902.30.49 is amended--
(A) by inserting ``(Ethalfluralin)'' after
``benzenamine''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(26) Direct black 175.--Heading 9902.03.56 is amended by
striking ``subheading 3204.12.50'' and inserting ``subheading
3204.14.50''.
(27) Certain organic pigments and dyes.--Heading 9902.32.07
is amended--
(A) by inserting ``, and excluding the dyestuff
bearing the CAS No. 6359-10-0'' after ``fluorescent
pigments and dyes''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
(28) Copper 8-hydroxyquinoline (oxine copper).--Heading
9902.02.31 is amended--
(A) in the article description, by striking ``Copper
8-quinolinolate (oxine copper)'' and inserting ``Copper
8-hydroxyquinoline (oxine copper)''; and
(B) by striking ``12/31/2006'' and inserting ``12/
31/2009''.
Subtitle C--Effective Date
SEC. 1511. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title apply to goods entered, or withdrawn from warehouse for
consumption, on or after the date that is 15 days after the date of
enactment of this Act.
TITLE II--RELIQUIDATIONS
SEC. 2001. RELIQUIDATION OF CERTAIN ENTRIES OF CERTAIN SMALL DIAMETER
CARBON AND ALLOY SEAMLESS STANDARD, LINE AND PRESSURE PIPE
FROM ROMANIA.
(a) Reliquidation of Entries.--
Notwithstanding NOTE: Deadline. sections 514 and 520 of the Tariff
Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the
Bureau of Customs and Border Protection shall, not later than 90 days
after the date of the enactment of this Act--
(1) reliquidate the entries of certain small diameter carbon
and alloy seamless standard, line and pressure pipe from Romania
produced by S.C. Silcotub S.A. (Silcotub), imported by Duferco
Steel, Inc., listed in subsection (b) in accordance with the
final results of the antidumping duty administrative review of
the Department of Commerce (68 Fed. Reg. 12672 (March 17, 2003))
and Message No. 3087205, dated March 28, 2003, issued by the
Bureau of Customs and Border Protection; and
[[Page 3169]]
120 STAT. 3169
(2) refund any antidumping duties with interest which were
previously paid on such entries not later than 90 days after the
date of reliquidation.
(b) Affected Entries.--The entries referred to in subsection (a) are
the following:
Entry number Date of entry Port
558-1171537-8..................................... 01/20/01 Houston
558-2014403-2..................................... 07/24/00 Mobile
SEC. 2002. NOTE: Deadlines. CERTAIN ENTRIES OF PASTA.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection of the Department of Homeland Security
shall, not later than 90 days after the receipt of the request described
in subsection (b), liquidate or reliquidate each entry described in
subsection (d) in accordance with Department of Commerce case A-475-818
for the period 7/1/2001 through 6/30/2002 under Customs Service message
numbered 4068201.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d) only
if a request therefor is filed with the Bureau of Customs and Border
Protection within 90 days after the date of the enactment of this Act.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 90 days after the date of
such liquidation or reliquidation.
(d) Entries.--The entries referred to in subsection (a) are the
following:
Entry number Date of entry Date of liquidation
FD630105373 07/06/2001 11/22/2002
FD630105399 07/06/2001 11/22/2002
FD630105415 07/06/2001 11/22/2002
FD630110282 07/26/2001 11/22/2002
FD630110274 07/26/2001 11/22/2002
FD630110860 07/30/2001 11/22/2002
FD630112338 08/09/2001 11/22/2002
FD630115208 08/15/2001 11/22/2002
FD630114128 08/15/2001 11/22/2002
FD630114110 08/21/2001 11/22/2002
FD630116537 08/22/2001 11/22/2002
FD630122402 09/26/2001 11/22/2002
FD630123533 10/03/2001 11/22/2002
FD630126577 10/17/2001 11/22/2002
FD630129712 10/31/2001 11/22/2002
FD630132088 11/20/2001 11/22/2002
FD630133987 11/29/2001 11/22/2002
FD630134043 12/05/2001 11/22/2002
FD630136972 12/14/2001 11/22/2002
FD630136998 12/14/2001 11/22/2002
FD630136980 12/14/2001 11/22/2002
FD630137806 12/14/2001 11/22/2002
FD630137822 12/27/2001 11/22/2002
FD630137814 12/27/2001 11/22/2002
SEC. 2003. CLARIFICATION OF RELIQUIDATION PROVISION.
(a) Inclusion of Interest.--The term ``any amounts owed'' in section
1511(b) of the Miscellaneous Trade and Technical Corrections Act of 2004
(118 Stat. 2542; Public Law 108-429), includes interest accrued from the
date of deposit of duties made in connection with entries described in
section 1511(c) of that Act, to the
[[Page 3170]]
120 STAT. 3170
date of the reliquidation of the entries pursuant to section 1511 of
that Act.
(b) NOTE: Deadline. Reliquidations With Interest.--
Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514)
or any other provision of law, to the extent that the entries listed in
section 1511(d) of the Act referred to in subsection (a) were
reliquidated by the Bureau of Customs and Border Protection, before the
date of the enactment of this Act, without the payment of interest
required under subsection (a), the Bureau shall, within 90 days after
the date of the enactment of this Act, reliquidate the affected entries
with the interest required under subsection (a), calculated at the
interest rates provided for in section 505(c) of the Tariff Act of 1930
(19 U.S.C. 1505(c)).
SEC. 2004. NOTE: Deadlines. RELIQUIDATION OF CERTAIN DRAWBACK CLAIM.
(a) In general.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
date of the enactment of this Act, liquidate or reliquidate the drawback
claim described in subsection (c).
(b) Payment of amounts due.--Any amounts due pursuant to the
liquidation or reliquidation of the claim described in subsection (c)
shall be paid not later than 90 days after the date of such liquidation
or reliquidation.
(c) Drawback claim.--The drawback claim referred to in subsection
(a) is the following: drawback claim number, AA6-0303556-6, filed on
December 2, 1997.
SEC. 2005. PAYMENT OF INTEREST ON AMOUNTS OWED PURSUANT TO RELIQUIDATION
OF CERTAIN ENTRIES.
(a) Amendments.--Sections 1404(b), 1405(b), and subsection (c) of
each of sections 1408 through 1411 of the Tariff Suspension and Trade
Act of 2000 (Public Law 106-476; 19 U.S.C. 1654 note) and subsection (c)
of each of sections 1517 through 1536 of the Miscellaneous Trade and
Technical Corrections Act of 2004 (Public Law 108-429; 19 U.S.C. 1654
note) are amended by inserting ``, with interest provided for by law on
the liquidation or reliquidation of the entries,'' after ``under
subsection (a)''.
(b) Reliquidation and Payment of Interest.--
Not NOTE: Deadline. later than 90 days after the date of the
enactment of this Act, the Commissioner of the Bureau of Customs and
Border Protection of the Department of Homeland Security shall--
(1) reliquidate each of the entries specified in the
provisions of law amended by subsection (a); and
(2) provide payment of interest owed by the United States by
reason of the amendments made by subsection (a) for the period
beginning on the date of deposit of estimated duties and ending
on the date of reliquidation under paragraph (1).
[[Page 3171]]
120 STAT. 3171
TITLE III--TECHNICAL CORRECTIONS AND OTHER PROVISIONS
Subtitle A--Technical Corrections
SEC. 3001. AMENDMENTS TO THE HTS.
(a) Corrections to the Column 1 Special Rate of Duty Column.--Each
of the following headings is amended by striking ``Free'' in the column
1 special rate of duty column and inserting ``No change'':
(1) Heading 9902.01.59.
(2) Heading 9902.01.60.
(3) Heading 9902.01.61.
(4) Heading 9902.01.86.
(5) Heading 9902.01.87.
(6) Heading 9902.01.90.
(7) Heading 9902.01.91.
(8) Heading 9902.03.20.
(9) Heading 9902.03.40.
(10) Heading 9902.03.41.
(11) Heading 9902.03.43.
(12) Heading 9902.04.05.
(13) Heading 9902.04.06.
(14) Heading 9902.04.07.
(15) Heading 9902.05.18.
(16) Heading 9902.05.19.
(17) Heading 9902.05.21.
(18) Heading 9902.05.35.
(19) Heading 9902.28.01.
(20) Heading 9902.29.03.
(b) Corrections to the Column 2 Rate of Duty Column.--Each of the
following headings is amended by striking ``Free'' in the column 2 rate
of duty column and inserting ``No change'':
(1) Heading 9902.03.78.
(2) Heading 9902.05.08.
(3) Heading 9902.05.09.
(4) Heading 9902.05.10.
(c) Additional corrections.--
(1) The article description for heading 9902.01.12 is
amended--
(A) by striking ``32846-21-2), acid red'' and
inserting ``66786-14-5), acid red''; and
(B) by striking ``67786-14-5) (provided for'' and
inserting ``32846-21-2) (provided for''.
(2) Heading 9902.01.49 is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
`` 9902.01.49 (S)-a,-Cyano-3- Free No change No change On or before 12/
phenoxybenzyl (1R,3R)- 31/2009 ''
3-(2,2- dibromovinyl)- .
2,2-dimethyl cyclo-
propanecarb- oxylate
(Deltamethrin) (CAS
No. 52918-63-5) in
bulk or unmixed in
forms or packings for
retail sale (provided
for in subheading
2926.90.30 or
3808.10.25).
[[Page 3172]]
120 STAT. 3172
(3) The article description for heading 9902.01.61 is
amended by striking ``methoxy-[1,1-'' and inserting ``methoxy-
[1,1'-''.
(4) The article description for heading 9902.01.69 is
amended--
(A) by striking ``2-8 percent water'' and inserting
``2-8 percent by weight of water''; and
(B) by striking ``denier'' and inserting
``decitex''.
(5) The article description for heading 9902.01.75 is
amended--
(A) by striking ``Acid black 194'' and inserting
``Acid Black 172''; and
(B) by striking ``subheading 3204.12.20'' and
inserting ``subheading 3204.12.45''.
(6) The article description for heading 9902.01.90 is
amended by striking ``between 4 and 68'' and inserting ``from 4
through 68''.
(7) The article description for heading 9902.01.91 is
amended by striking ``between 4 and 68'' and inserting ``from 4
through 68''.
(8) Heading 9902.02.17 is amended to read as follows:
`` 9902.02.17 Boots with outer Free No change No change On or before 12/
soles and uppers 31/2009 ''
of rubber, .
extending above
the ankle but
below the knee,
specifically
designed for
horseback
riding, and
having a spur
rest on the heel
counter
(provided for in
subheading
6401.92.90).....
(9) The article description for heading 9902.02.28 is
amended--
(A) by striking ``polymide'' and inserting
``polyimide''; and
(B) by striking ``3911.90.35 or''.
(10) The article description for heading 9902.02.59 is
amended by striking ``A mixture'' and inserting ``Mixture''.
(11) The article description for heading 9902.02.65 is
amended--
(A) by striking ``bis(3'' and inserting ``bis(3'''';
and
(B) by striking ``4-amino-)'' and inserting ``4-
amino-))''.
(12) The article description for headings 9902.84.81,
9902.84.83, 9902.84.85, 9902.84.88, and 9902.84.89 are each
amended--
(A) by inserting ``4011.62.00,'' after
``4011.61.00,''; and
(B) by striking ``or parts thereof'' and inserting
``and parts thereof''.
(13) The article description for heading 9902.03.40 is
amended by striking ``subheading 2835.29.50'' and inserting
``subheading 2931.00.30''.
(14) Heading 9902.03.60 (relating to acid black 172) is
repealed.
(15) The article description for heading 9902.03.99 is
amended by striking ``subheading 2933.99.12'' and inserting
``subheading 2933.99.22''.
[[Page 3173]]
120 STAT. 3173
(16) Heading 9902.04.02 is amended to read as follows:
`` 9902.04.02 Polysiloxane, dimethyl Free No change No change On or before 12/
(CAS No. 63148-62-9) 31/2006 ''
solution, greater .
than 85 percent, with
less than 15 percent
paraffin (mineral)
oil (CAS No 8042-47-
5), less than 5
percent magnesium
stearate (CAS No. 557-
04-0) and less than 5
percent finely
dispersed metal
ethoxylated
phosphoric ester
(provided for in
subheading
3910.00.00)..........
(17) Heading 9902.05.21 is repealed.
(18) Heading 9902.05.29 is amended to read as follows:
`` 9902.05.29 3-[2-Chloro-4- Free No change No change On or before 12/
(trifluoromethyl 31/2006 ''
)- .
phenoxy]benzoic
acid, sodium
salt (CAS No.
95251-52-8)
(provided for in
subheading
2918.90.43).....
(19) Heading 9902.29.26 is amended by striking the chemical
name in the article description and inserting ``1,3-Dimethyl-2-
imidazolidinone''.
(20) The article description for heading 9902.84.14
(relating to ceiling fans) is amended by striking ``8414.51.00''
and inserting ``8414.51.30''.
(21) The article description for heading 9902.86.11 is
amended by striking ``specifications each, having'' and
inserting ``specifications, each having''.
SEC. 3002. TECHNICAL CORRECTION TO THE TARIFF ACT OF 1930.
Section 516A(g)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
151a(g)(1)(B)) NOTE: 19 USC 1516a. is amended by striking ``or
(vi)'' and inserting ``(vi), or (vii)''.
SEC. 3003. AMENDMENTS TO THE PENSION PROTECTION ACT OF 2006.
(a) In general.--Subtitle A of chapter 1 of title XIV of the Pension
Protection Act of 2006 (Public Law 109-280) is amended--
(1) NOTE: Ante, p. 1114. in section 1412--
(A) by striking ``vehicles provided for in'' and
inserting ``vehicles of''; and
(B) by striking ``in that'' and inserting ``over'';
(2) in section 1413, NOTE: Ante, p. 1115. by amending
the article description to read as follows: ``Acrylic or
modacrylic filament tow (provided for in subheading
5501.30.00)'';
(3) in section 1414, NOTE: Ante, p. 1115. by amending
the article description to read as follows: ``Acrylic or
modacrylic staple fibers, carded combed or otherwise processed
for spinning (provided for in subheading 5506.30.00)'';
(4) in section 1418, NOTE: Ante, p. 1116. by striking
``vinegar'' and inserting ``vinegar,'';
(5) in section 1420, NOTE: Ante, p. 1116. by striking
``vinegar'' and inserting ``vinegar,'';
(6) in section 1433, NOTE: Ante, p. 1119. by striking
``90-04-4'' and inserting ``90-04-0'';
(7) in section 1456, NOTE: Ante, p. 1123. by striking
``2929.90.20'' and inserting ``2928.00.25'';
[[Page 3174]]
120 STAT. 3174
(8) in section 1510, NOTE: Ante, p. 1135. by inserting
``in solvents'' after ``Hexane, 1,6-diisocyanato-, homopolymer,
3,5-dimethyl-1H-pyrazole-blocked'';
(9) in section 1511, NOTE: Ante, p. 1135. by amending
the article description to read as follows: ``Polyisocyanate
cross linking agent products containing triphenylmethane
triisocyanate in solvents (provided for in subheading
3824.90.28)'';
(10) in section 1518, NOTE: Ante, p. 1136. by striking
``4402.12.80'' and inserting ``4202.12.80'';
(11) in section 1542, NOTE: Ante, p. 1141. by striking
``hair'' and inserting ``hair,'';
(12) in section 1548, NOTE: Ante, p. 1142. by striking
``10 SUP 7 /SUP '' and inserting ``10 SUP -7 /SUP '';
(13) in section 1549, NOTE: Ante, p. 1143. by striking
``10 SUP 7 /SUP '' and inserting ``10 SUP -7 /SUP '';
(14) in section 1555, NOTE: Ante, p. 1144. by striking
``2933.39.91'' and inserting ``2933.39.20'';
(15) in section 1572, NOTE: Ante, p. 1149. by striking
``, rubber, or synthetic'' and inserting ``or rubber'';
(16) in section NOTE: Ante, p. 1155. 1597--
(A) in the heading, by striking ``work footwear''
and inserting ``house slippers''; and
(B) by striking ``; Sports footwear; tennis shoes,
basketball shoes, gym shoes, training shoes and the
like, all the foregoing with outer soles of rubber or
plastics and uppers of textile materials for women
(provided for in subheading 6404.11.20)'';
(17) in section 1598, NOTE: Ante, p. 1155. by striking
``50 mm'' and inserting ``60 mm'';
(18) in section NOTE: Ante, p. 1156. 1605--
(A) in the article description, by striking
``Device'' and inserting ``Display''; and
(B) in the heading, by striking ``device'' and
inserting ``display'';
(19) in section NOTE: Ante, p. 1156. 1606--
(A) in subsection (a), by striking ``facilities''
and inserting ``facilities,''; and
(B) in subsection (b), by striking ``reactors'' and
inserting ``reactors,'';
(20) by adding at the end of such subtitle the following:
``SEC. 1607. CERTAIN SPORTS FOOTWEAR FOR WOMEN.
``Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
----------------------------------------------------------------------------------------------------------------
`` 9902.90.01 Sports footwear; Free No change No change On or before 12/ ''
tennis shoes, 31/2009
basketball shoes,
gym shoes,
training shoes
and the like, all
the foregoing
with outer soles
of rubber or
plastics and
uppers of textile
materials for
women (provided
for in subheading
6404.11.20)......
; and
(21) in section 1621, NOTE: Ante, p. 1160. by striking
``December 31, 2006'' and inserting ``March 31, 2007''.
(b) Applicability.--The amendments made by subsection (a) shall
apply as if included in the enactment of the Pension Protection Act of
2006 NOTE: Ante, p. 780. (Public Law 109-280).
[[Page 3175]]
120 STAT. 3175
SEC. 3004. NMSBA
(a) In General.--Section 1434 (b) and (c) of the Miscellaneous Trade
and Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat.
2524) are amended to read as follows:
``(b) Calendar Year 2005.--
``(1) In general.--Heading 9902.05.30, as added by
subsection (a), is amended--
``(A) by striking ``0.28%'' and inserting ``0.16%'';
and
``(B) by striking ``On or before 12/31/2004'' and
inserting ``On or before 12/31/2005''.
``(2) Applicability.--The amendments made by paragraph (1)
shall apply to goods entered on or after January 1, 2005, and
before January 1, 2006.
``(c) Calendar Years 2006 Through 2008.--
``(1) In general.--Heading 9902.05.30, as added by
subsection (a) and amended by subsection (b), is further
amended--
``(A) by striking ``0.16%'' and inserting ``1.1%'';
and
``(B) by striking ``On or before 12/31/2005'' and
inserting ``on or before 12/31/2008''.
``(2) Applicability.--The amendments made by paragraph (1)
shall apply to goods entered on or after January 1, 2006.''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
take effect as if included in the enactment of section 1434 of
the Miscellaneous Trade and Technical Corrections Act of 2004
(Public Law 108-429).
(2) Retroactive application.--Notwithstanding section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision
of law, upon proper request filed with the Bureau of Customs and
Border Protection before the 90th day after the date of the
enactment of this Act, any entry, or withdrawal from warehouse
for consumption, of any good--
(A) that was made on or after January 1, 2005 and
before the date of the enactment of this Act; and
(B) with respect to which there would have been a
lower rate of duty if the amendment made by this
subsection applied to such entry or withdrawal, shall be
liquidated or reliquidated as if such amendment applied
to such entry or withdrawal.
SEC. 3005. CERTAIN MONOCHROME GLASS ENVELOPES.
(a) Amendment to Subheading 7011.20.40.--The article description of
subheading 7011.20.40 is amended to read as follows: ``Monochrome glass
envelopes, the foregoing certified by the importer as being for actual
use in automatic data processing machine data or graphic display cathode
ray tubes''.
(b) Conforming Amendments.--(1) Subheading 7011.20.40, as amended by
subsection (a), is redesignated as subheading 7011.20.45.
(2) Subheading 7011.20.80 is redesignated as subheading 7011.20.85.
(3) Heading 9902.02.97 is amended in the article description column
by striking ``7011.20.80'' and inserting ``7011.20.85''.
(c) Staged Rate Reductions.--Any staged rate reduction of a rate of
duty proclaimed by the President before the date of the enactment of
this Act, that--
[[Page 3176]]
120 STAT. 3176
(1) would take effect on or after such date of enactment;
and
(2) would, but for the amendment made by subsection (b)(2),
apply to subheading 7011.20.80,
applies to the corresponding rate of duty set forth in subheading
7011.20.85 (as added by subsection (b)(2)).
SEC. 3006. FLEXIBLE MAGNETS AND COMPOSITE GOODS CONTAINING FLEXIBLE
MAGNETS.
(a) In General.--Chapter 85 is amended by striking subheadings
8505.19.10, 8505.19.20, and 8505.19.30 and inserting the following new
subheadings, with the article description for subheading 8505.19 having
the same degree of indentation as the article description for subheading
8505.11.00:
----------------------------------------------------------------------------------------------------------------
`` 8505.19 Other:
8505.19.10 Flexible 4.9% Free (A, AU, BH, 45%
magnets...... CA, CL, E, IL, J,
JO, MA, MX, P, SG)
8505.19.20 Composite 4.9% Free (A, AU, BH, 45%
goods CA, CL, E, IL, J,
containing JO, MA, MX, P, SG)
flexible
magnets......
8505.19.30 Other......... 4.9% Free (A, AU, BH, 45%
CA, CL, E, IL, J,
JO, MA, MX, P, SG)
''
(b) Staged Rate Reductions.--Any staged reduction of a rate of duty
proclaimed by the President before the date of the enactment of the
Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law
108-429), that--
(1) takes effect on or after such date of enactment; and
(2) would, but for the amendment made by this section, apply
to subheading 8505.19, applies to the corresponding rate of duty
set forth in subheadings 8505.19.10, 8505.19.20, and 8505.19.30
of such Schedule (as added by subsection (a)).
(c) Applicability.--The NOTE: 19 USC 1654 note. amendments made
by this section shall take effect as if included in the enactment of the
Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law
108-429).
SEC. 3007. CELLAR TREATMENT OF WINE.
Section 5382(a)(1)(A) NOTE: 26 USC 5382. of the Internal
Revenue Code of 1986 (relating to cellar treatment of natural wine) is
amended by striking ``stabilize'' and inserting ``correct or
stabilize''.
Subtitle B--Other Provisions
SEC. 3011. CONSIDERATION OF CERTAIN CIVIL ACTIONS DELAYED BECAUSE OF THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) In General.--Notwithstanding any period of limitations, lapse of
time, or any other provision of law, the United States Court of
International Trade shall treat any civil action contesting the denial
of a protest described in subsection (b) as having been filed in
accordance with section 514 of the Tariff Act of 1930
[[Page 3177]]
120 STAT. 3177
(19 U.S.C. 1514) and within the time limit provided in section 2636 of
title 28, United States Code.
(b) Affected Protests.--The protests referred to in subsection (a)
are as follows:
Entry Number Protest Number Protest Date Denial Date
2704-442-1562415-4 2704.01.100001 12/22/00 03/23/01
2704-442-1559965-3 2704.00.103269 12/12/00 03/23/01
2704-442-1561096-3 2704.00.103270 12/12/00 03/23/01
2704-442-1562411-3 2704.01.100002 12/22/00 03/23/01
2704-442-1562408-9 2704.01.100003 12/22/00 03/23/01
2704-442-1562416-2 2704.01.100009 12/22/00 03/23/01
2704-442-1564132-3 2704.01.100033 01/03/01 03/23/01
2704-442-1564387-3 2704.01.100034 01/03/01 03/23/01
2704-442-1564389-9 2704.01.100035 01/03/01 03/23/01
2704-442-1564390-7 2704.01.100036 01/03/01 03/23/01
2704-442-1564870-8 2704.01.100038 01/03/01 03/23/01
2704-442-1565099-3 2704.01.100039 01/03/01 03/23/01
2704-442-1563549-9 2704.01.100042 01/03/01 03/23/01
2704-442-1554152-3 2704.01.100043 12/22/00 03/23/01
2704-442-1562418-8 2704.01.100072 12/22/00 03/27/01
2704-442-1562419-6 2704.01.100073 12/22/00 03/27/01
2704-442-1562872-6 2704.01.100074 12/22/00 03/27/01
2704-442-1570239-8 2704.01.100392 02/09/01 03/23/01
2704-442-1570423-8 2704.01.100400 02/06/01 03/27/01
2704-442-1570431-1 2704.01.100401 02/06/01 03/27/01
2704-442-1571191-0 2704.01.100403 02/06/01 04/05/01
2704-442-1565424-3 2704.01.100411 02/05/01 03/27/01
2704-442-1565513-3 2704.01.100422 02/05/01 03/26/01
2704-442-1565516-6 2704.01.100423 02/05/01 03/23/01
2704-442-1565518-2 2704.01.100424 02/05/01 03/23/01
2704-442-1566265-9 2704.01.100425 02/05/01 03/23/01
2704-442-1567197-3 2704.01.100427 02/05/01 03/23/01
2704-442-1573049-8 2704.01.100723 03/13/01 04/05/01
2704-442-1572011-9 2704.01.100725 03/13/01 04/05/01
2704-442-1572003-6 2704.01.100726 03/13/01 04/05/01
2704-442-1572000-2 2704.01.100727 03/13/01 04/05/01
2704-442-1571470-8 2704.01.100728 03/13/01 04/05/01
SEC. 3012. EFFECTIVE DATE OF MODIFICATIONS TO THE HARMONIZED TARIFF
SCHEDULE.
Section 1206(c) of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 3006(c)) is amended by striking ``15 SUP th /SUP '' and
inserting ``30 SUP th /SUP ''.
TITLE IV--EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS TREATMENT) TO THE PRODUCTS OF VIETNAM
SEC. 4001. NOTE: 19 USC 2434 note. FINDINGS.
Congress finds the following:
(1) In July 1995, President Bill Clinton announced the
formal normalization of diplomatic relations between the United
States and Vietnam.
(2) Vietnam has taken cooperative steps with the United
States under the United States Joint POW/MIA Accounting Command
(formerly the Joint Task Force-Full Accounting)
[[Page 3178]]
120 STAT. 3178
established in 1992 by President George H.W. Bush to provide the
fullest possible accounting of MIA and POW cases.
(3) In 2000, the United States and Vietnam concluded a
bilateral trade agreement that included commitments on goods,
services, intellectual property rights, and investment. The
agreement was approved by joint resolution enacted pursuant to
section 405(c) of the Trade Act of 1974 (19 U.S.C. 2435(c)), and
entered into force in December 2001.
(4) Since 2001, normal trade relations treatment has
consistently been extended to Vietnam pursuant to title IV of
the Trade Act of 1974.
(5) Vietnam has undertaken significant market-based economic
reforms, including the reduction of government subsidies,
tariffs and nontariff barriers, and extensive legal reform.
These measures have dramatically improved Vietnam's business and
investment climate.
(6) Vietnam has completed its negotiations to join the World
Trade Organization (WTO). On May 31, 2006, the United States and
Vietnam signed a comprehensive bilateral agreement providing
greater market access for goods and services and other trade
liberalizing commitments. On November 7, 2006, the WTO General
Council approved Vietnam's membership. Vietnam's National
Assembly ratified Vietnam's WTO accession commitments on
November 28, 2006, and Vietnam will become the 150th Member of
the WTO 30 days thereafter.
(7) On November 13, 2006, the Department of State removed
Vietnam from its list of Countries of Particular Concern (CPC)
for severe violations of religious freedom. In reaching this
determination, the Department of State cited significant
improvements in Vietnam toward advancing religious freedom,
though problems remain that merit immediate attention and
important work remains to be done to fully protect religious
freedom in Vietnam.
SEC. 4002. NOTE: 19 USC 2434 note. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO VIETNAM.
(a) Presidential Determinations and Extension of Non-Discriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to
Vietnam; and
(2) after making a determination under paragraph (1) with
respect to Vietnam, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
that country.
(b) Termination of the Applicability of Title IV.--On and after the
effective date of the extension of nondiscriminatory treatment to the
products of Vietnam under subsection (a), title IV of the Trade Act of
1974 shall cease to apply to that country.
SEC. 4003. PROCEDURE FOR DETERMINING PROHIBITED SUBSIDIES BY VIETNAM.
(a) Authority of Trade Representative.--The Trade Representative may
conduct proceedings under this section to determine whether the
Government of Vietnam is providing, on or after the date on which
Vietnam accedes to the World Trade Organization, a prohibited subsidy to
its textile or apparel industry, if such
[[Page 3179]]
120 STAT. 3179
proceedings are begun, and consultations under section 4004 are
initiated, during the 1-year period beginning on the date on which
Vietnam accedes to the World Trade Organization.
(b) Petitions.--
(1) Filing.--Any interested person may file a petition with
the Trade Representative requesting that the Trade
Representative make a determination under subsection (a). The
petition shall set forth the allegations in support of the
request.
(2) Review by trade representative.--
The NOTE: Deadline. Trade Representative shall review the
allegations in any petition filed under paragraph (1) and, not
later than 20 days after the date on which the Trade
Representative receives the petition, shall determine whether to
initiate proceedings to make a determination under subsection
(a).
(3) NOTE: Federal Register,
publication. Notice. Procedures.--
(A) Determination to initiate proceedings.--If the
Trade Representative makes an affirmative determination
under paragraph (2) with respect to a petition, the
Trade Representative shall publish a summary of the
petition in the Federal Register and notice of the
initiation of proceedings under this section.
(B) Determination not to initiate proceedings.--If
the Trade Representative determines not to initiate
proceedings with respect to a petition, the Trade
Representative shall inform the petitioner of the
reasons therefor and shall publish notice of the
determination, together with a summary of those reasons,
in the Federal Register.
(c) Initiation of Proceedings by Other Means.--If NOTE: Federal
Register, publication. Notice. the Trade Representative determines, in
the absence of a petition, that proceedings should be initiated under
this section, the Trade Representative shall publish in the Federal
Register that determination, together with the reasons therefor, and
notice of the initiation of proceedings under this section.
SEC. 4004. NOTE: Notification. CONSULTATIONS UPON INITIATION OF
INVESTIGATION.
If the Trade Representative initiates a proceeding under subsection
(b)(3)(A) or (c) of section 4003, the Trade Representative, on behalf of
the United States, shall, on the day on which notice thereof is
published under the applicable subsection, so notify the Government of
Vietnam and request consultations with that government regarding the
subsidy.
SEC. 4005. PUBLIC PARTICIPATION AND CONSULTATION.
(a) Public Participation.--In the notice published under subsection
(b)(3)(A) or (c) of section 4003, the Trade Representative shall provide
an opportunity to the public for the presentation of views concerning
the issues--
(1) NOTE: Deadline. within the 30-day period beginning
on the date of the notice (or on a date after such period if
agreed to by the petitioner), or
(2) at such other time if a timely request therefor is made
by the petitioner or by any interested person,
with a public hearing if requested by an interested person.
(b) Consultation.--The Trade Representative shall consult with the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate, and with the appropriate advisory
committees established under section 135 of the Trade Act of 1974 (19
U.S.C. 2155), with respect to whether
[[Page 3180]]
120 STAT. 3180
to initiate proceedings under section 4003 and, if proceedings are
conducted, with respect to making the determination under subsection
(c).
(c) Determination.--After NOTE: Deadline. considering all
comments submitted, and within 30 days after the close of the comment
period under subsection (a), the Trade Representative shall determine
whether the Government of Vietnam is providing, on or after the date on
which Vietnam accedes to the World Trade Organization, a prohibited
subsidy to its textile or apparel industry. The Trade Representative
shall publish that determination in the Federal Register, together with
the justification for the determination.
(d) Record.--The Trade Representative shall make available to the
public a complete record of all nonconfidential information presented in
proceedings conducted under this section, together with a summary of
confidential information so submitted.
SEC. 4006. ARBITRATION AND IMPOSITION OF QUOTAS.
(a) Arbitration.--If, NOTE: Deadline. within 60 days after
consultations are requested under section 4004, in a case in which the
Trade Representative makes an affirmative determination under section
4005(c), the matter in dispute is not resolved, the Trade Representative
shall request arbitration of the matter under the Dispute Settlement
Understanding.
(b) Imposition of Quotas.--
(1) In general.--The NOTE: Limitations. Trade
Representative shall impose, for a period of not more than 1
year, the quantitative limitations described in paragraph (2) on
textile and apparel products of Vietnam--
(A) if, pursuant to arbitration under subsection
(a), the arbitrator determines that the Government of
Vietnam is providing, on or after the date on which
Vietnam accedes to the World Trade Organization, a
prohibited subsidy to its textile or apparel industry;
or
(B) NOTE: Deadline. if the arbitrator does not
issue a decision within 120 days after the request for
arbitration, in which case the limitations cease to be
effective if the arbitrator, after such limitations are
imposed, determines that the Government of Vietnam is
not providing, on or after the date on which Vietnam
accedes to the World Trade Organization, a prohibited
subsidy to its textile or apparel industry.
(2) Limitations described.--The quantitative limitations
referred to in paragraph (1) are those quantitative limitations
that were in effect under the Bilateral Textile Agreement during
the most recent full calendar year in which the Bilateral
Textile Agreement was in effect.
(c) NOTE: Termination date. Determination of Compliance.--If,
after imposing quantitative limitations under subsection (b) because of
a prohibited subsidy, the Trade Representative determines that the
Government of Vietnam is not providing, on or after the date on which
Vietnam accedes to the World Trade Organization, a prohibited subsidy to
its textile or apparel industry, the quantitative limitations shall
cease to be effective on the date on which that determination is made.
SEC. 4007. DEFINITIONS.
In this title:
(1) Bilateral textile agreement.--The term ``Bilateral
Textile Agreement'' means the Agreement Relating to Trade
[[Page 3181]]
120 STAT. 3181
in Cotton, Wool, Man-Made Fiber, Non-Cotton Vegetable Fiber and
Silk Blend Textiles and Textile Products Between the Governments
of the United States of America and the Socialist Republic of
Vietnam, entered into on July 17, 2003.
(2) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(16)).
(3) Interested person.--The term ``interested person''
includes, but is not limited to, domestic firms and workers,
representatives of consumer interests, United States product
exporters, and any industrial user of any goods or services that
may be affected by action taken under section 4006(b).
(4) Prohibited subsidy.--
(A) In general.--The term ``prohibited subsidy''
means a subsidy described in article 3.1 of the
Agreement on Subsidies and Countervailing Measures.
(B) Subsidy.--The term ``subsidy'' means a subsidy
within the meaning of article 1.1 of the Agreement on
Subsidies and Countervailing Measures.
(C) Agreement on subsidies and countervailing
measures.--The term ``Agreement on Subsidies and
Countervailing Measures'' means the Agreement on
Subsidies and Countervailing Measures referred to in
section 101(d)(12) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(12)).
(5) Textile or apparel product.--The term ``textile or
apparel product'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in section
101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)).
(6) Trade representative.--The term ``Trade Representative''
means the United States Trade Representative.
TITLE NOTE: Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2006. 19 USC 2701 note. V--HAITI
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Haitian Hemispheric Opportunity
through Partnership Encouragement Act of 2006''.
SEC. 5002. TRADE BENEFITS FOR HAITI.
(a) In General.--The Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) is amended by inserting after section 213 the
following new section:
``SEC. 213A. NOTE: 19 USC 2703a. SPECIAL RULES FOR HAITI.
``(a) Definitions.--In this section:
``(1) Applicable 1-year period.--
``(A) In general.--The term ``applicable 1-year
period'' means each of the 1-year periods described in
subparagraphs (B) through (F).
``(B) Initial applicable 1-year period.--The term
`initial applicable 1-year period' means the 1-year
period beginning on the date of the enactment of the
Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2006.
[[Page 3182]]
120 STAT. 3182
``(C) Second applicable 1-year period.--The term
`second applicable 1-year period' means the 1-year
period beginning on the day after the last day of the
initial applicable 1-year period.
``(D) Third applicable 1-year period.--The term
`third applicable 1-year period' means the 1-year period
beginning on the day after the last day of the second
applicable 1-year period.
``(E) Fourth applicable 1-year period.--The term
`fourth applicable 1-year period' means the 1-year
period beginning on the day after the last day of the
third applicable 1-year period.
``(F) Fifth applicable 1-year period.--The term
`fifth applicable 1-year period' means the 1-year period
beginning on the day after the last day of the fourth
applicable 1-year period.
``(2) Enter; entry.--The terms `enter' and `entry' refer to
the entry, or withdrawal from warehouse for consumption, in the
customs territory of the United States.
``(b) Apparel Articles.--
``(1) In general.--In addition to any other preferential
treatment under this title, apparel articles described in
paragraph (2) of a producer or entity controlling production
that are imported directly from Haiti shall enter the United
States free of duty during an applicable 1-year period, subject
to the limitations set forth in paragraphs (2) and (3), if Haiti
has met the requirements of subsections (d) and (e).
``(2) Apparel articles described.--
``(A) In general.--In any applicable 1-year period,
apparel articles described in this paragraph are apparel
articles that are wholly assembled, or are knit-to-
shape, in Haiti from any combination of fabrics, fabric
components, components knit-to-shape, and yarns, only
if, for each entry in the applicable 1-year period, the
sum of--
``(i) the cost or value of the materials
produced in Haiti or one or more countries
described in subparagraph (C), or any combination
thereof, plus
``(ii) the direct costs of processing
operations (as defined in section 213(a)(3))
performed in Haiti or one or more countries
described in subparagraph (C), or any combination
thereof,
is not less than the applicable percentage (as defined
in subparagraph (E)(i)) of the declared customs value of
such apparel articles.
``(B) Deductions.--In calculating cost or value
under subparagraph (A)(i), there shall be deducted the
cost or value of--
``(i) any foreign materials that are used in
the production of the apparel articles in Haiti;
and
``(ii) any foreign materials that are used in
the production of the materials described in
subparagraph (A)(i).
``(C) Countries described.--The countries referred
to in subparagraph (A) are the following:
``(i) The United States.
``(ii) Any country that is a party to a free
trade agreement with the United States that is in
effect
[[Page 3183]]
120 STAT. 3183
on the date of the enactment of the Haitian
Hemispheric Opportunity through Partnership
Encouragement Act of 2006, or that enters into
force under the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3801 et seq.).
``(iii) Any country designated as a
beneficiary country under section 213(b)(5)(B) of
this Act.
``(iv) NOTE: President. Federal Register,
publication. Any country designated as a
beneficiary country under section 506A(a)(1) of
the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)), if
a finding has been made by the President or the
President's designee, and published in the Federal
Register, that the country has satisfied the
requirements of section 113 of the African Growth
and Opportunity Act (19 U.S.C. 3722).
``(v) Any country designated as a beneficiary
country under section 204(b)(6)(B) of the Andean
Trade Preference Act (19 U.S.C. 3203(b)(6)(B)).
``(D) Annual aggregation.--
``(i) Initial applicable 1-year period.--In
the initial applicable 1-year period, the
requirements under subparagraph (A) relating to
applicable percentage may also be met for articles
of a producer or an entity controlling production
that enter during the initial applicable 1-year
period by aggregating--
``(I) the cost or value of materials
under clause (i) of subparagraph (A),
and
``(II) the direct costs of
processing operations under clause (ii)
of subparagraph (A),
of all apparel articles of that producer or entity
controlling production that are wholly assembled,
or are knit-to-shape, in Haiti and are entered
during the initial applicable 1-year period.
``(ii) Other applicable 1-year periods.--In
each of the second, third, fourth, and fifth
applicable 1-year periods, the requirements under
subparagraph (A) relating to applicable percentage
may also be met for articles of a producer or an
entity controlling production that enter during
the applicable 1-year period by aggregating--
``(I) the cost or value of materials
under clause (i) of subparagraph (A),
and
``(II) the direct costs of
processing operations under clause (ii)
of subparagraph (A),
of all apparel articles of that producer or entity
controlling production that are wholly assembled,
or are knit-to-shape, in Haiti and are entered
during the preceding applicable 1-year period.
``(iii) Deductions.--In calculating cost or
value under clause (i)(I) or (ii)(I), there shall
be deducted the cost or value of--
``(I) any foreign materials that are
used in the production of the apparel
articles in Haiti; and
``(II) any foreign materials that
are used in the production of the
materials described in clause (i)(I) or
(ii)(I) (as the case may be).
[[Page 3184]]
120 STAT. 3184
``(iv) Inclusion in calculation of other
articles receiving preferential treatment.--(I)
The entry of a woven apparel article receiving
preferential treatment under paragraph (4) is not
included in an annual aggregation under clause (i)
or (ii).
``(II) Entries of articles receiving
preferential treatment under paragraph (5) are not
included in an annual aggregation under clause (i)
or (ii) unless the producer or entity controlling
production elects, at the time the annual
aggregation calculation is made, to include such
entries in such aggregation.
``(III) Entries of apparel articles that
receive preferential treatment under any provision
of law other than this subsection or are subject
to the `General' column 1 rate of duty under the
HTS are not included in an annual aggregation
under clause (i) or (ii) unless the producer or
entity controlling production elects, at the time
the annual aggregation calculation is made, to
include such entries in such aggregation.
``(E) Definitions.--In this paragraph:
``(i) Applicable percentage.--The term
`applicable percentage' means--
``(I) 50 percent or more during the
initial applicable 1-year period, the
second applicable 1-year period, and the
third applicable 1-year period;
``(II) 55 percent or more during the
fourth applicable 1-year period; and
``(III) 60 percent or more during
the fifth applicable 1-year period.
``(ii) Foreign material.--The term `foreign
material' means a material produced in a country
other than Haiti or any country described in
subparagraph (C).
``(F) Development of procedure to ensure
compliance.--
``(i) In general.--The Bureau of Customs and
Border Protection of the Department of Homeland
Security shall develop and implement methods and
procedures to ensure ongoing compliance with the
requirements set forth in subparagraphs (A) and
(D).
``(ii) Noncompliance.--If the Bureau of
Customs and Border Protection finds that a
producer or an entity controlling production has
not satisfied such requirements in any applicable
1-year period, either for individual entries
entered pursuant to subparagraph (A) or for
entries entered in aggregate pursuant to
subparagraph (D), then apparel articles described
in subparagraph (A) of that producer or entity
shall be ineligible for preferential treatment
under paragraph (1) during any succeeding
applicable 1-year period until--
``(I) the cost or value of materials
under clause (i) of subparagraph (A),
plus
``(II) the direct costs of
processing operations under clause (ii)
of subparagraph (A),
[[Page 3185]]
120 STAT. 3185
of that producer or entity controlling production,
is not less than the applicable percentage under
subparagraph (E)(i), plus 10 percent, of the
aggregate declared customs value of all apparel
articles of that producer or entity controlling
production that are wholly assembled, or are knit-
to-shape, in Haiti and are entered during the
preceding applicable 1-year period.
``(iii) Retroactive application of duty-free
treatment.--If--
``(I) a producer or an entity
controlling production is ineligible for
preferential treatment under paragraph
(1) in an applicable 1-year period
because that producer or entity
controlling production did not satisfy
the requirements of subparagraph (A) or
(D), and
``(II) that producer or entity
controlling production satisfies the
requirements of clause (ii) of this
subparagraph in that applicable 1-year
period,
then, notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with
the Bureau of Customs and Border Protection before
the 90th day after the Bureau of Customs and
Border Protection determines that subclause (II)
applies, the entry of any articles--
``(aa) that was made during that
applicable 1-year period, and
``(bb) with respect to which there
would have been preferential treatment
under paragraph (1) if the producer or
entity controlling production had
satisfied the requirements in
subparagraph (A) or (D) (as the case may
be),
shall be liquidated or reliquidated as though such
preferential treatment under paragraph (1) applied
to such entry.
``(G) Fabrics not available in commercial
quantities.--
``(i) In general.--For purposes of determining
the applicable percentage under subparagraph (A)
or (D), there may be included in that percentage--
``(I) the cost of fabrics or yarns
to the extent that apparel articles of
such fabrics or yarns would be eligible
for preferential treatment, without
regard to the source of the fabrics or
yarns, under Annex 401 of the NAFTA; and
``(II) the cost of fabrics or yarns
that are designated as not being
available in commercial quantities for
purposes of--
``(aa) section
213(b)(2)(A)(v) of this Act,
``(bb) section 112(b)(5) of
the African Growth and
Opportunity Act,
``(cc) section
204(b)(3)(B)(i)(III) or (ii) of
the Andean Trade Preference Act,
or
``(dd) any other provision,
relating to determining whether
a textile or apparel article is
an originating good eligible for
preferential treatment, of a law
that implements
[[Page 3186]]
120 STAT. 3186
a free trade agreement that
enters into force under the
Bipartisan Trade Promotion
Authority Act of 2002,
without regard to the source of the
fabrics or yarns.
``(ii) Removal of designation of fabrics or
yarns not available in commercial quantities.--If
the NOTE: President. President determines
that--
``(I) any fabric or yarn described
in clause (i)(I) was determined to be
eligible for preferential treatment, or
``(II) any fabric or yarn described
in clause (i)(II) was designated as not
being available in commercial
quantities,
on the basis of fraud, the President is
authorized to remove the eligibility or
designation (as the case may be) of that fabric or
yarn with respect to articles entered after such
removal.
``(3) Quantitative limitations.--The preferential treatment
described in paragraph (1) shall be extended, during each of the
applicable 1-year periods set forth in the following table, to
not more than the corresponding percentage of the aggregate
square meter equivalents of all apparel articles imported into
the United States in the most recent 12-month period for which
data are available:
``During the: the corresponding percentage is:
``initial applicable 1-year period.... 1 percent.
``second applicable 1-year period..... 1.25 percent.
``third applicable 1-year period...... 1.5 percent.
``fourth applicable 1-year period..... 1.75 percent.
``fifth applicable 1-year period...... 2 percent.
No preferential treatment shall be provided under paragraph (1)
after the last day of the fifth applicable 1-year period.
``(4) Special rule for woven apparel.--In the case of
apparel articles classifiable under chapter 62 of the HTS (other
than articles classifiable under subheading 6212.10 of the HTS),
as in effect on the date of the enactment of the Haitian
Hemispheric Opportunity through Partnership Encouragement Act of
2006, that do not qualify for preferential treatment under
paragraph (1) because they do not meet the percentage
requirements under paragraph (2)(A), (2)(B), or (2)(D), the
preferential treatment under paragraph (1)--
``(A) NOTE: Extension. Deadlines. shall be
extended, in addition to the quantities permitted under
paragraph (3) to--
``(i) not more than 50,000,000 square meter
equivalents of such apparel articles for the
initial applicable 1-year period;
``(ii) not more than 50,000,000 square meter
equivalents of such apparel articles for the
second applicable 1-year period; and
``(iii) not more than 33,500,000 square meter
equivalents for the third applicable 1-year
period; and
``(B) may not be extended to such apparel articles
after the last day of the third applicable 1-year
period.
``(5) Special rule for brassieres.--The preferential
treatment under paragraph (1) shall, subject to the limitations
under
[[Page 3187]]
120 STAT. 3187
paragraph (3), be extended to any article classifiable under
heading 6212.10 of the HTS, if the article is both cut and sewn
or otherwise assembled in Haiti or the United States, or both,
without regard to the source of the fabric or components from
which the article is made, and if Haiti has met the requirements
of subsections (d) and (e).
``(c) Special Rule for Certain Wire Harness Automotive Components.--
(1) In general.--Any wire harness automotive component that
is the product or manufacture of Haiti and is imported directly
from Haiti into the customs territory of the United States shall
enter the United States free of duty, during the 5-year period
beginning on the date of the enactment of the Haitian
Hemispheric Opportunity through Partnership Encouragement Act of
2006, if Haiti has met the requirements of subsection (d) and if
the sum of--
``(A) the cost or value of the materials produced in
Haiti or one or more countries described in subsection
(b)(2)(C), or any combination thereof, plus
``(B) the direct costs of processing operations (as
defined in section 213(a)(3)) performed in Haiti or the
United States, or both,
is not less than 50 percent of the declared customs value of
such wire harness automotive component.
``(2) Wire harness automotive component.--For purposes of
this subsection, the term ``wire harness automotive component''
means any article provided for in subheading 8544.30.00 of the
HTS, as in effect on the date of the enactment of the Haitian
Hemispheric Opportunity through Partnership Encouragement Act of
2006.
``(d) Eligibility Requirements.--
``(1) In general.--
Haiti NOTE: President. Certification. shall be eligible for
preferential treatment under this section if the President
determines and certifies to Congress that Haiti--
``(A) has established, or is making continual
progress toward establishing--
``(i) a market-based economy that protects
private property rights, incorporates an open
rules-based trading system, and minimizes
government interference in the economy through
measures such as price controls, subsidies, and
government ownership of economic assets;
``(ii) the rule of law, political pluralism,
and the right to due process, a fair trial, and
equal protection under the law;
``(iii) the elimination of barriers to United
States trade and investment, including by--
``(I) the provision of national
treatment and measures to create an
environment conducive to domestic and
foreign investment;
``(II) the protection of
intellectual property; and
``(III) the resolution of bilateral
trade and investment disputes;
``(iv) economic policies to reduce poverty,
increase the availability of health care and
educational opportunities, expand physical
infrastructure, promote the development of private
enterprise, and encourage
[[Page 3188]]
120 STAT. 3188
the formation of capital markets through
microcredit or other programs;
``(v) a system to combat corruption and
bribery, such as signing and implementing the
Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions;
and
``(vi) protection of internationally
recognized worker rights, including the right of
association, the right to organize and bargain
collectively, a prohibition on the use of any form
of forced or compulsory labor, a minimum age for
the employment of children, and acceptable
conditions of work with respect to minimum wages,
hours of work, and occupational safety and health;
``(B) does not engage in activities that undermine
United States national security or foreign policy
interests; and
``(C) does not engage in gross violations of
internationally recognized human rights or provide
support for acts of international terrorism and
cooperates in international efforts to eliminate human
rights violations and terrorist activities.
``(2) Time limit for determination.--
The NOTE: President. President shall determine whether Haiti
meets the requirements of paragraph (1) not later than 90 days
after the date of the enactment of the Haitian Hemispheric
Opportunity through Partnership Encouragement Act of 2006.
``(3) Continuing compliance.--If
the NOTE: President. Termination. President determines that
Haiti is not making continual progress in meeting the
requirements described in paragraph (1)(A), the President shall
terminate the preferential treatment under this section.
``(e) Conditions Regarding Enforcement of Circumvention.--
``(1) In general.--
The NOTE: President. Certification. preferential treatment
under subsection (b)(1) shall not apply unless the President
certifies to Congress that Haiti is meeting the following
conditions:
``(A) Haiti has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to
articles described in subsection (b) to prevent unlawful
transshipment of the articles and the use of counterfeit
documents relating to the importation of the articles
into the United States.
``(B) Haiti has enacted legislation or promulgated
regulations that would permit the Bureau of Customs and
Border Protection verification teams to have the access
necessary to investigate thoroughly allegations of
transshipment through such country.
``(C) NOTE: Reports. Haiti agrees to report, on
a timely basis, at the request of the Bureau of Customs
and Border Protection, on the total exports from and
imports into that country of articles described in
subsection (b), consistent with the manner in which the
records are kept by Haiti.
``(D) Haiti agrees to cooperate fully with the
United States to address and take action necessary to
prevent circumvention as provided in Article 5 of the
Agreement on Textiles and Clothing.
[[Page 3189]]
120 STAT. 3189
``(E) NOTE: Records. Haiti agrees to require all
producers and exporters of articles described in
subsection (b) in that country to maintain complete
records of the production and the export of such
articles, including materials used in the production,
for at least 5 years after the production or export (as
the case may be).
``(F) NOTE: Reports. Haiti agrees to report, on
a timely basis, at the request of the Bureau of Customs
and Border Protection, documentation establishing the
country of origin of articles described in subsection
(b) as used by that country in implementing an effective
visa system.
``(2) Definition of transshipment.--Transshipment within the
meaning of this subsection has occurred when preferential
treatment for a textile or apparel article under this section
has been claimed on the basis of material false information
concerning the country of origin, manufacture, processing, or
assembly of the article or any of its components. For purposes
of this paragraph, false information is material if disclosure
of the true information would mean or would have meant that the
article is or was ineligible for preferential treatment under
this section.
``(f) Regulations.--The NOTE: President. Deadline. President
shall issue regulations to carry out this section not later than 180
days after the date of the enactment of the Haitian Hemispheric
Opportunity through Partnership Encouragement Act of 2006. The President
shall consult with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate in preparing
such regulations.''.
SEC. 5003. ITC STUDY.
The NOTE: Reports. International Trade Commission shall, not
later than 18 months after the date of the enactment of this Act, submit
a report to Congress on the effects of the amendments made by this Act
on the trade markets and industries, involving textile and apparel
articles, of Haiti, the countries described in clauses (ii) and (iii) of
section 213A(b)(2)(C) of the Caribbean Basin Economic Recovery Act (as
added by section 5002 of this Act), and the United States.
SEC. 5004. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL
PROVISIONS FOR HAITI.
It is the sense of the Congress that the executive branch,
particularly the Committee for the Implementation of Textile Agreements
(CITA), the Bureau of Customs and Border Protection of the Department of
Homeland Security, and the Department of Commerce, should interpret,
implement, and enforce the provisions of section 213A(b) of the
Caribbean Basin Economic Recovery Act, as added by section 5002 of this
Act, relating to preferential treatment of textile and apparel articles,
broadly in order to expand trade by maximizing opportunities for imports
of such articles from Haiti.
SEC. 5005. TECHNICAL AMENDMENTS.
(a) CBI.--Section 213(b)(2)(A)(v) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(b)(2)(A)(v)) is amended by adding at the
end the following new subclause:
``(III) If the NOTE: President. President
determines that any fabric or yarn was determined
to be eligible for preferential
[[Page 3190]]
120 STAT. 3190
treatment under subclause (I) on the basis of
fraud, the President is authorized to remove that
designation from that fabric or yarn with respect
to articles entered after such removal.''.
(b) ATPA.--Section 204(b)(3)(B) of the Andean Trade Preference Act
(19 U.S.C. 3202(b)(3)(B)) NOTE: 19 USC 3203. is amended by adding at
the end the following new clause:
``(viii) Removal of designation of fabrics or
yarns not available in commercial quantities.--If
the NOTE: President. President determines that
any fabric or yarn was determined to be eligible
for preferential treatment under clause (i)(III)
or (ii) on the basis of fraud, the President is
authorized to remove that designation from that
fabric or yarn with respect to articles entered
after such removal.''.
SEC. 5006. NOTE: 19 USC 2703 note. EFFECTIVE DATE.
This title and the amendments made by this title apply to articles
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act.
TITLE NOTE: Africa Investment Incentive Act of 2006. VI--AFRICAN
GROWTH AND OPPORTUNITY ACT
SEC. 6001. NOTE: 19 USC 3701 note. SHORT TITLE.
This title may be referred to as the ``Africa Investment Incentive
Act of 2006''.
SEC. 6002. PREFERENTIAL TREATMENT OF APPAREL PRODUCTS OF LESSER
DEVELOPED COUNTRIES.
(a) In General.--Section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g);
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``The'' and inserting ``Subject to subsection
(c), the'' ; and
(B) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Lesser Developed Countries.--
``(1) Preferential treatment of products through september
30, 2012.--
``(A) Products covered.--In addition to the products
described in subsection (b), and subject to paragraph
(2), the preferential treatment described in subsection
(a) shall apply through September 30, 2012, to apparel
articles wholly assembled, or knit-to-shape and wholly
assembled, or both, in one or more lesser developed
beneficiary sub-Saharan African countries, regardless of
the country of origin of the fabric or the yarn used to
make such articles, in an amount not to exceed the
applicable percentage of
[[Page 3191]]
120 STAT. 3191
the aggregate square meter equivalents of all apparel
articles imported into the United States in the
preceding 12-month period for which data are available.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the term `applicable percentage'
means--
``(i) 2.9285 percent for the 1-year period
beginning on October 1, 2005; and
``(ii) 3.5 percent for the 1-year period
beginning on October 1, 2006, and each 1-year
period thereafter through September 30, 2012.
``(2) Special rules for products in commercial quantities in
africa.--
``(A) Petition process.--Upon a petition filed by an
interested party (which may include a foreign
manufacturer), the Commission shall determine whether a
fabric or yarn produced in beneficiary sub-Saharan
African countries is available in commercial quantities
for use by lesser developed beneficiary sub-Saharan
African countries.
``(B) Effect of affirmative determination.--
``(i) Determination of quantity available.--If
the Commission determines under subparagraph (A)
that a fabric or yarn produced in beneficiary sub-
Saharan African countries is available in
commercial quantities for use by lesser developed
beneficiary sub-Saharan African countries, the
Commission shall determine the quantity of the
fabric or yarn that will be so available in lesser
developed beneficiary sub-Saharan African
countries in the applicable 1-year period
beginning after the determination is made.
``(ii) Determinations.--In each case in which
the Commission determines that a fabric or yarn is
available in commercial quantities under
subparagraph (A) for an applicable 1-year period,
the Commission shall determine, before the end of
that applicable 1-year period--
``(I) whether the fabric or yarn
produced in beneficiary sub-Saharan
African countries will be available in
commercial quantities in the succeeding
applicable 1-year period; and
``(II) if so, the quantity of the
fabric or yarn that will be so available
in that succeeding 1-year period,
subject to clause (iii).
``(iii) Determination regarding imported
articles.--After the end of each applicable 1-year
period for which a determination under clause (i)
is in effect, the Commission shall determine to
what extent the quantity of the fabric or yarn
determined under clause (i) to be available in
commercial quantities for use by lesser developed
beneficiary sub-Saharan African countries was used
in the production of apparel articles receiving
preferential treatment under paragraph (1) that
were entered in that applicable 1-year period. To
the extent that the quantity so determined was not
so used, then the Commission shall add to the
quantity of that fabric or yarn determined to be
available in the next applicable 1-year period the
quantity not so used in the preceding applicable
1-year period.
[[Page 3192]]
120 STAT. 3192
``(C) Denim.--Denim articles provided for in
subheading 5209.42.00 of the Harmonized Tariff Schedule
of the United States shall be deemed to have been
determined to be in abundant supply under subparagraph
(A) in an amount of 30,000,000 square meter equivalents
for the 1-year period beginning October 1, 2006.
``(D) Presidential authority to restrict imports.--
``(i) In general.--Subject to clause (ii), the
President may by proclamation provide that apparel
articles otherwise eligible for preferential
treatment under paragraph (1) that contain a
fabric or yarn determined to be available in
commercial quantities under subparagraph (A) may
not receive such preferential treatment in an
applicable 1-year period unless--
``(I) the fabric or yarn in such
articles was produced in 1 or more
beneficiary sub-Saharan African
countries; or
``(II) the Commission has determined
that the quantity of the fabric or yarn
determined under subparagraph (B) (or
(C), as the case may be) to be available
in lesser developed beneficiary sub-
Saharan African countries for that
applicable 1-year period has already
been used in the production of apparel
articles receiving preferential
treatment under paragraph (1) that were
entered in that applicable 1-year
period.
``(ii) Mandatory restriction.--If a fabric or
yarn is determined to be available in commercial
quantities under subparagraph (A) in an applicable
1-year period, and for 2 consecutive applicable 1-
year periods the quantities determined to be so
available are not used in the production of
apparel articles receiving preferential treatment
under paragraph (1) that were entered during those
2 applicable 1-year periods, then beginning in the
succeeding applicable 1-year period, apparel
articles containing that fabric or yarn are
ineligible for preferential treatment under
paragraph (1) in any succeeding applicable 1-year
period unless the Commission has determined that
the quantity of the fabric or yarn determined
under subparagraph (B) (or (C), as the case may
be) to be available in lesser developed
beneficiary sub-Saharan African countries for that
applicable 1-year period has already been used in
the production of apparel articles receiving
preferential treatment under paragraph (1) that
were entered in that applicable 1-year period.
``(E) Procedures.--The Commission shall use the
procedures prescribed in subsection (b)(3)(C)(iv) for
the Secretary of Commerce in making determinations under
this paragraph.
``(3) Removal of designation of fabrics or yarns not
available in commercial quantities.--If the President determines
that--
``(A) any fabric or yarn described in paragraph
(2)(A) was determined to be eligible for preferential
treatment, or
[[Page 3193]]
120 STAT. 3193
``(B) any fabric or yarn described in paragraph
(2)(B) was designated as not being available in
commercial quantities,
on the basis of fraud, the President may remove the eligibility
or designation (as the case may be) of that fabric or yarn with
respect to articles entered after such removal.
``(4) Applicability of other provisions.--Subsection
(b)(3)(C) applies to apparel articles eligible for preferential
treatment under this subsection to the same extent as that
subsection applies to apparel articles eligible for preferential
treatment under subsection (b)(3).
``(5) Definitions.--In this subsection:
``(A) Applicable 1-year period.--The term
`applicable 1-year period' means each of the 12-month
periods beginning on October 1 of each year and ending
on September 30 of the following year.
``(B) Commission.--The term `Commission' means the
United States International Trade Commission.
``(C) Enter; entry.--The terms `enter' and `entry'
refer to the entry, or withdrawal from warehouse for
consumption, in the customs territory of the United
States.
``(D) Lesser developed beneficiary sub-saharan
african country.--The term `lesser developed beneficiary
sub-Saharan African country' means--
``(i) a beneficiary sub-Saharan African
country that had a per capita gross national
product of less than $1,500 in 1998, as measured
by the International Bank for Reconstruction and
Development;
``(ii) Botswana; and
``(iii) Namibia.''.
(b) Additional Preferential Treatment.--Section 112(b) of the
African Growth and Opportunity Act (19 U.S.C. 3721(b)) is amended by
adding at the end the following new paragraph:
``(8) Textile articles originating entirely in one or more
lesser developed beneficiary sub-saharan african countries.--
Textile and textile articles classifiable under chapters 50
through 60 or chapter 63 of the Harmonized Tariff Schedule of
the United States that are products of a lesser developed
beneficiary sub-Saharan African country and are wholly formed in
one or more such countries from fibers, yarns, fabrics, fabric
components, or components knit-to-shape that are the product of
one or more such countries.''.
(c) Technical Amendment.--Section 112(e)(3) of the African Growth
and Opportunity Act (as redesignated by subsection (a)(1) of this
section) is amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
SEC. 6003. TECHNICAL CORRECTIONS.
Section 112 of the African Growth and Opportunity Act (19 U.S.C.
3721) is amended as follows:
(1) Subsection (b)(5) is amended by adding at the end the
following new subparagraph:
``(C) Removal of designation of fabrics or yarns not
available in commercial quantities.--
If NOTE: President. the President determines that
any fabric or yarn was determined to be eligible for
preferential treatment under subparagraph (A) on the
basis of fraud, the President is authorized
[[Page 3194]]
120 STAT. 3194
to remove that designation from that fabric or yarn with
respect to articles entered after such removal.''.
(2) Subsection (f), as redesignated by section 6002(a)(1),
is amended by adding at the end the following:
``(5) Enter; entered.--The terms `enter' and `entered' refer
to the entry, or withdrawal from warehouse for consumption, in
the customs territory of the United States.''.
SEC. 6004. EFFECTIVE DATE FOR AGOA.
Subsection (g) of section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721), as redesignated by section 6002(a)(1), is amended
by striking ``2008'' and inserting ``2015''.
TITLE NOTE: Andean Trade Preferences Extension Act. VII--ANDEAN
TRADE PREFERENCE ACT
SEC. 7001. NOTE: 19 USC 3201 note. SHORT TITLE.
This title may be cited as the ``Andean Trade Preferences Extension
Act''.
SEC. 7002. ATPA EXTENSION.
(a) Temporary extension.--Section 208 of the Andean Trade Preference
Act (19 U.S.C. 3206) is amended by striking ``December 31, 2006'' and
inserting ``June 30, 2007''.
(b) Conditional extensions.--Section 208 of the Andean Trade
Preference Act (19 U.S.C. 3206), as amended by subsection (a), is
further amended--
(1) by striking ``No'' and inserting ``(a) Termination.--
Subject to subsection (b), no''; and
(2) by adding at the end the following:
``(b) Conditional Extensions.--Duty-free treatment and other
preferential treatment under this title shall remain in effect with
respect to a beneficiary country, during the period beginning on July 1,
2007, and ending on December 31, 2007, only if on or before June 30,
2007--
``(1) an implementing bill with respect to a trade agreement
with that country has been enacted into law pursuant to the
Bipartisan Trade Promotion Authority Act of 2002; and
``(2) the President determines that the legislature of that
country has approved such trade agreement.''.
SEC. 7003. TECHNICAL AMENDMENTS.
Section 204(b)(3)(B) of the Andean Trade Preference Act (19 U.S.C.
3203(b)(3)(B)) is amended--
(1) in clause (iii)(II), by striking ``The preferential''
and inserting ``Subject to section 208, the preferential''; and
(2) in clause (v)(II), by striking ``During'' and inserting
``Subject to section 208, during''.
[[Page 3195]]
120 STAT. 3195
TITLE VIII--GENERALIZED SYSTEM OF PREFERENCES (GSP) PROGRAM
SEC. 8001. LIMITATIONS ON WAIVERS OF COMPETITIVE NEED LIMITATION.
Section 503(d)(4)(B) of the Trade Act of 1974 (19 U.S.C.
2463(d)(4)(B)) is amended--
(1) by striking ``The President'' and inserting ``(i) The
President'';
(2) by striking ``(i) had'' and inserting ``(I) had'' and by
striking ``(ii) had'' and inserting ``(II) had''; and
(3) by adding at the end the following new clause:
``(ii) NOTE: Deadline. Not later than July 1 of
each year, the President should revoke any waiver that
has then been in effect with respect to an article for 5
years or more if the beneficiary developing country has
exported to the United States (directly or indirectly)
during the preceding calendar year a quantity of the
article--
``(I) having an appraised value in excess of
1.5 times the applicable amount set forth in
subsection (c)(2)(A)(ii) for that calendar year;
or
``(II) exceeding 75 percent of the appraised
value of the total imports of that article into
the United States during that calendar year.''.
SEC. 8002. EXTENSION OF GSP PROGRAM.
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by
striking ``December 31, 2006'' and inserting ``December 31, 2008''.
Approved December 20, 2006.
LEGISLATIVE HISTORY--H.R. 6111:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 5, considered and passed House.
Dec. 7, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment with amendments.
Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 20, Presidential remarks and statement.